Illegal Criminal Background Checks
Many employers violate federal (the Fair Credit Reporting Act) and state laws by denying jobs to people based on information in their background checks. If you have been denied a job, a promotion, or fired because of a background check or credit report obtained by your employer, or merely subjected to an intrusive background check, you may be entitled to monetary damages. Employers that use background checks to make hiring decisions, or use them to take adverse actions against an applicant or employee, must follow strict rules under the Fair Credit Reporting Act (FCRA). Applicants and employees must consent to the background check in writing; and must be provided with a stand-alone disclosure which does not include a liability release. Employers who violate these rules can be required to pay actual damages, punitive damages, and statutory penalties of up to $1,000 per violation. Further, before an employer can deny employment or fire someone based on a background check, the employer must provide the applicant or employee with a copy of the report they intend to rely on; and must tell the applicant or employee they intend to take adverse action based on the background check report and give the applicant or employee reasonable time to dispute the report. If an employer ran a background check on you without your permission, or took adverse action against you without giving you a copy of the report and time to dispute it, you may be able to sue the employer for monetary damages.
If you believe you have been subjected to an illegal background check, please contact Werman Salas P.C.