When Do Employers Do Background Checks?
Most companies complete background checks as a part of the employment process. Employment reports are useful for all workplaces to let an employer know the background and work history, any criminal records, and other public records of a potential employee. Even if certain security clearances are not required as part of employment in a certain job, the business might still obtain a background check before employment is offered.
Laws Governing Employer Background Checks
Under the FCRA, employers are forbidden from acquiring background checks without making it clear to the potential employee through clear, written documentation. This notice must be made separately from any other information given to the potential employee before the employer can legally request a report from a credit agency.
Employers need written authorization from the applicant to obtain such a report, and must notify the applicant before any unfavorable action is taken as a result of the report so that applicants have the opportunity to dispute errors before being denied employment.
Background checks may have reporting errors that may cause an employer to deny an applicant a job or fire a current employee. When errors are involved, the law allows consumers to legally dispute any false claims made against them.
Common Cases We See:
You may have a case under the Fair Credit Reporting Act if you notice the following being reported on your background report:
- Another person’s background information.
- False or incorrect information.
- Misdemeanors listed as a felony.
- Misstating the nature of the court proceedings.
- Convictions that have been expunged or vacated.
You may also have a case if you have experienced the following procedural incidents:
- Your employer did not get your written permission before obtaining a background check on you.
- You were fired from your job based on your criminal history but were not given a copy of your background report.
- You were not given a copy of your background report before any adverse action was taken.
Conducting Background Checks Without Your Knowledge Is Illegal
Some employers do background checks without a consumer’s knowledge. This is illegal, and consumers that believe their rights have been violated in this way should take immediate legal action. The FCRA requires an investigation if a consumer disputes the accuracy or totality of the information gathered from the report provided to the employer.
How We Can Help
Our attorneys work with individuals and on a class action basis, such as if an employer fails to comply or if the consumer reporting agencies does not fix any problems that have arisen.
If reasonable investigations are not conducted after a consumer argues the accuracy or completeness of information provided in a consumer report to an employer, our attorneys will review the case and make sure you get help you need and take the proper course of legal action.