If you had to undergo a background check and didn’t get the job or apartment you were looking for because of it, you may be able to file a lawsuit against the company that ran the report or the company you applied to for work. To find out whether you have a case, fill out the form on this page. It’s free to contact us and to talk to the lawyers we work with about your rights.
You may be able to sue the company you applied to if:
Companies are required to inform their job applicants that they’ll be running background checks. This disclosure is required under a federal law known as the Fair Credit Reporting Act (FCRA). The company must notify the job applicant in writing that a background check will be run – and this notice can’t be hidden in the employment application. It must be separate from all other paperwork.
Even if the company notified you in writing that a background check would be performed, it must still get your written authorization before running the report.
If you didn’t get a job because of your background check, the employer must send you a copy of the report. This includes instances in which you were turned down for employment or had your job offer rescinded after the background check was run. You should also receive a document titled “A Summary of Your Rights Under the Fair Credit Reporting Act.” In some cases, job applicants are never contacted by the employer and have no idea why they didn’t get the job.
You may be able to sue the company that ran the report – for either employment or apartment rental purposes – if:
Background check companies can make mistakes. In some cases, the background check or tenant screening company will confuse two people’s identities. This can happen when people have similar names or birthdays. In many cases, the companies are not checking Social Security numbers to ensure they’ve pulled the right file.
Job and apartment applicants who noticed false information on their background checks often wrongly believe that they have been victims of identity theft when, in reality, it was an error by the company that ran the report.
Under the “seven-year rule,” the following information cannot show up on your report if it took place seven or more years ago:
Some companies don’t update their records often enough and, in turn, report expunged charges.
In some cases, a person with a pristine history will have a crime, felony, conviction or arrest mistakenly show up on their report. There are also cases in which the background check or tenant screening company prints the same incident twice on a report, making the applicant look worse.
If your lawsuit is successful, you may be entitled to:
If you were denied a job or apartment because of your background check, fill out this form. After you get in touch, an attorney may reach out to you directly. He or she can explain your rights and help determine whether you have a case. It doesn’t cost anything to contact us or the attorneys we work with. Plus, you don’t have any obligation to file a lawsuit even if the attorney thinks you have grounds for a lawsuit.
Rite Aid is facing a class action lawsuit over its use of background checks during the hiring process, amid claims job applicants aren't given a chance to defend themselves from accusations of theft.… More
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