Understandably, the idea of having a background check run on you can be nerve-wracking, especially if it’s a prospective employer running it. Your credit report might contain mistakes or other inaccuracies that could raise questions. Rest assured, you are not alone. Many people find their credit reports have errors, which is why you have rights if an employer or prospective employer plans to use your background check as part of an employment decision. Speaking to an experienced Cincinnati background check lawyer can help.

At Coffman Legal, we have a Cincinnati background check attorney who is well-versed in employee rights. If you have questions about the process or you believe your rights were violated in any way during an employer-required background check, we are here to assist you. Contact our office today to schedule a free, confidential consultation with one of our attorneys.

Laws on Background Checks in Ohio

Many Ohio employers rely on background checks when hiring a new employee. The Fair Credit Reporting Act (FCRA) sets forth strict guidelines and requirements when an employer wants to solicit a background check from an employee or job applicant. Background checks are also known as consumer reports, and employers get the information from consumer reporting agencies. They must follow these rules when requesting a background check:

  • Disclose to you that they are requesting a report for employment purposes;
  • Obtain your authorization to get the consumer report;
  • Provide you with a copy of the report and the Summary of Your Rights Under the Fair Credit Reporting Act prior to making an employment decision, such as hiring, retaining, or promoting someone based on the information in the background check; and
  • Notify you of the decision made based on the consumer report and provide any other disclosures from which consumer reporting agency the employer obtained the information from.
When an employer uses a background check to make employment decisions, they must follow all these requirements. However, not everyone follows the rules. If they don’t abide by the law, they should be held accountable.

What Remedies Are Available Through an FCRA Claim?

If you believe your rights were violated under the Fair Claims Reporting Act, you must protect your interests. Per the FCRA, you could be eligible to receive financial compensation. To learn more about what legal remedies may be available, you need to speak with one of our Cincinnati employment law attorneys. Potential remedies available to employees and prospective employees who had their rights violated include:

  • Economic damages, including loss of benefits and lost wages;
  • Statutory damages, up to $1,000 per FCRA violation;
  • Your Legal fees and costs; and
  • Punitive damages.
Some FCRA claims are filed as class action lawsuits. When an employer violates an employee or applicant’s rights, it’s usually not an isolated event. There are generally other applicants or employees.

Contact a Cincinnati Background Check Attorney Today

If you need assistance after a background check, our Cincinnati employment law attorneys are here to help. Contact Coffman Legal today to schedule an initial consultation. Let us help protect your rights and hold an employer accountable under the FCRA regulations.

Contact Coffman Legal Today

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