Improper Background Checks
For employment purposes, the Fair Credit Reporting Act (FCRA) regulates how background checks or consumer reports are conducted. It is common for employers to request such checks or reports on job applicants or current staff.
Applicants and employees are frequently not given advance notice when their reports are pulled. Sometimes, they only find out when their employer informs them that an offer of employment has been rescinded or their employment has been terminated. This is why it's essential for employers to understand the FCRA and how to comply with its regulations.
The FCRA requires that employers who want to use a third-party provider for background checks must provide written notification and obtain written consent from the applicant or employee. They must also inform them of their right to receive a copy of the report before any adverse action is taken. The FCRA also requires that employers provide a summary of the individual's rights under the law if an adverse action such as denying employment or promotion is taken based on information from the report.
Moreover, employers must inform individuals of any pending charges, lawsuits, or other proceedings that could be reported in their background checks. All employers should have a procedure in place for ensuring FCRA compliance when conducting background checks. This process should include training for staff and communication with the applicant or employee about their rights under the law.
If you feel that your rights have been violated, or your employer has acted improperly with regard to your background check, consulting an attorney can help you understand your options and ensure that your rights are upheld. We at Dooley Gembala have extensive experience working with individuals who have been adversely affected by improper background checks, and we understand the importance of protecting your rights. Contact us today for a consultation by calling (440) 930-4001 or visiting our firm at 5455 Detroit Road, Sheffield Village, Ohio 44054.
Action Against CRAs
In certain cases, we may be able to pursue legal action against the CRA that provided your background report. CRAs may not grant access to the report to an unauthorized party or fail to remove old data, and if your rights have been violated in any way by your employer, we can help by pursuing legal action against them. Our attorneys will provide you with the resources necessary to ensure that the CRA is held accountable for its actions.
Free Consultation
At Dooely Gembala, we offer a free consultation to evaluate your background check dispute and discuss your options. We understand the stress and frustration that can come with dealing with background check disputes, and we are committed to providing you with the guidance and representation you need to protect your rights. Contact us today to set up your free consultation and get started on finding a resolution.
Frequently Asked Questions
What is the FCRA?
The Fair Credit Reporting Act (FCRA) is a federal law that regulates how consumer credit information can be used. It requires employers to obtain written authorization from job applicants and employees before obtaining their background reports as well as informing individuals of their right to access and dispute the accuracy of their reports.
What happens if an employer does not comply with the FCRA?
If an employer does not comply with the FCRA, individuals can file a complaint with the Federal Trade Commission or take legal action. In either case, employers may face fines and other penalties for improper background checks. Employers must also remember that their policies should be compliant with local laws, as some states have even more stringent requirements than the FCRA.
What can I do if I believe my rights have been violated?
If you feel that your rights have been violated or that your employer has acted improperly with regard to your background check, consulting an attorney can help you understand your options and ensure that your rights are upheld. The attorneys at Dooley Gembala can help. Contact us today for a consultation by calling (440) 930-4001 or visiting our firm at 5455 Detroit Road, Sheffield Village, Ohio 44054.
Dooley Gembala is among the top-rated law firms in the Lorain County area. From corporate litigation to family disputes, there is a specialized attorney at Dooley Gembala who can tend to your legal needs. With more than 30 practice areas, clients can rest assured that the attorneys at Dooley Gembala have the expertise and experience needed for successful outcomes. Schedule your consultation online here or give us a call at (440) 930-4001. Our friendly and knowledgeable staff is ready to assist you! We look forward to hearing from you soon.