All employers, when running background checks on potential employees, need to follow a strict set of rules when doing so. Some companies, including Waffle House, have been accused of failing to do so.
Waffle House has been the subject of a recent Waffle House background check lawsuit, as a result.
Background Check Regulations
When employers look to hire employees, they often run background checks on them. However, they must adhere to set of government regulated guidelines when doing so.
It is not illegal for employers to ask questions about former employment during the hiring process nor is it illegal to run background checks. But it is not legal to ask questions about medical or genetic history.
It is also illegal to discriminate a potential employee based on information regarding ace, color, national origin, sex, or religion, disability, genetic information (including family medical history), and age (40 or older).
These laws are regulated under the Equal Employment Opportunity Commission (EEOC).
However, if an employer denies employment based on something discovered in a background check that does not fall under discrimination, there are federal laws with which an employer must comply.
The Federal Trade Commission (FTC) is what enforces the Fair Credit Reporting Act (FCRA). The FCRA explains to employers how they should use background checks while in the hiring process.
- The employer must get written permission to do a background check on an applicant.
- The employer must apply the same standards to every applicant regardless of race, national origin, color, sex, religion, disability, genetic information or age.
- If an employer chooses to take an adverse employment action (such as denial of employment) the employer must give the applicant a copy of the background check as well as a current version of a document published by the Federal Trade Commission (FTC) detailing the rights of job applicants titled “A Summary of Your Rights Under the Fair Credit Reporting Act.”
- The employer then must give the potential employee the right to dispute or explain any information discovered in the report that could affect employment.
Waffle House Background Check Lawsuit
Waffle House, the popular diner restaurant chain, has been accused of violating the Fair Credit Reporting Act.
According to a recent Waffle House background check lawsuit, Waffle House should be held responsible for improperly communicating about and failing to provide disclosure forms for during the hiring process for a potential employee.
Back in October 2015, Plaintiff William J. filed a Waffle House background check lawsuit because he claims the company failed to re-hire him in 2014 after they claimed a background check revealed criminal activity.
Allegedly, Waffle House did not tell William that they were going to run a background check and then they also didn’t give him the notices that the law requires an employer to provide for an applicant.
The Waffle House background check lawsuit claims that the Fair Credit Reporting Act was violated.
Filing a Waffle House Background Check Lawsuit
If you have been fired from or denied potential employment by a Waffle House restaurant because of a background check at anytime from October 2010 to the present and were not provided the proper notices, you may be eligible to join a class action lawsuit or file an individual lawsuit against Waffle House.
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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2 thoughts onWhy File a Waffle House Background Check Lawsuit?
I was fired after 15 yrs of service due to a background check
I was denied re employment due to a background check for a charge that I worked while I was on probation for. Also was in jail a week and returned right back to work after getting out of jail and then all of the sudden was unable to be employed by them in 2013 when I transferred to Texas in 2011but it was a franchise store.