Waffle House Job Background Check Lawsuit Alleges FCRA Noncompliance

Waffle House, the 24-hour diner chain, has recently come under scrutiny for inappropriately using background checks to screen job applicants.

Some applicants may have been denied employment without having the chance to see their Waffle House job background check reports and correct any inaccuracies.

Applicant Says Waffle House Job Background Check is Noncompliant

This alleged improper background check practice has led to a proposed class action lawsuit brought by a Florida man.

Plaintiff William Jones applied to but did not receive a job at Waffle House and later filed a class action lawsuit against the major restaurant chain in October 2015.

According to the Waffle House job background check lawsuit, Jones applied for a position at the chain’s Ormond Beach, Florida location in 2014.

Jones alleges that Waffle House obtained background information on him and used that knowledge to make its hiring decision without ensuring the facts were accurate.

Specifically, Jones says Waffle House illegally ran a background check on him and didn’t:

• provide proper disclosures
• give him a copy of the report
• allow him to dispute alleged inaccuracies
• provide a separate post-adverse action notice

All of these things violate the Fair Credit Reporting Act (FCRA), the Waffle House job background check lawsuit states.

Fair Credit Reporting Act Violations

The issue with the Waffle House job background check lies not within Jones’ inability to get a job at the establishment, but in the manner in which the diner chain handled the situation.

Jones alleges the Waffle House job background check violated the Fair Credit Reporting Act (FCRA) that was passed in 1970 and is enforced by the US Federal Trade Commission (FTC).

The FCRA promotes the accuracy, fairness, and privacy of consumer information contained in background check reports, including protecting consumers from the willful and negligent inclusion of inaccurate information in their reports.

Essentially, this means the Waffle House job background check should have clearly provided a written disclosure statement.

Additionally, the hiring manager should also have notified Jones of his status as ineligible for hire based upon the findings of the Waffle House job background check in question.

Had Waffle House notified Jones of what they found in the screening, he would have possibly been able to address any inaccurate information presented.

Filing an Unfair Background Check Lawsuit

Federal law requires prospective employers to provide all job applicants with a clear disclosure in writing of their intent to obtain a background report.

Employers have to get an applicants’ authorization before they obtain a background report.  Background checks often include false information that can hinder employment prospects, and the law gives job applicants a chance to correct it.

If you applied to work at Waffle House but didn’t get the job because of a background check, you may be entitled to compensation.

The Waffle House Job Background Check Class Action Lawsuit is Jones v. Waffle House, Inc. et al, Case No. 6:15-cv-01637-RBD-DAB, in the U.S. District Court for the Middle District of Florida, Orlando Division.

Join a Free Waffle House Background Check Class Action Lawsuit Investigation

If at anytime since October 2010 you were denied employment at a Waffle House restaurant because of a background check, you may qualify to participate in a Waffle House background check class action lawsuit. It’s absolutely free to participate, so act now!

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