Claims against Employers

No matter what the reason is for a company wanting to perform a background check, whether looking to see if someone is qualified for a job or if an employer is considering a promotion for their employee, they have legal responsibilities to the applicant. The Fair Credit Reporting Act outlines what these obligations are, and if an employer does not follow them, the employer may be held liable.

When a background check is being performed, the employer needs to:

• Give you a form that notifies you about the background check and letting you know that a report will be obtained and reviewed
• Inform you about any negative information that was obtained that could cause the application to be rejected. Before the application can be rejected, the applicant must be provided with a copy of the report and instructed on how they can dispute any inaccurate information
  • The name of the company that conducted the background check needs to be given, along with the address

If the employer does not want to hire the applicant because of information they received in the report, the applicant needs to be informed of this in writing. The letter must include why the applicant was rejected.

Reach out to the proficient attorneys at the Consumer Advocacy Center to find out more about how to protect yourself against an employer.