When an applicant is applying for a job in Cleveland, the employer may wish to conduct a criminal or/and financial background check on the employee before making a hiring decision. While employers have the right to do so, applicants also have certain rights. If you have been asked to submit to a background check, here’s what you need to know about your rights, as well as your options if your rights are violated. To learn more, please call our Cleveland background check attorneys directly.

Criminal Background Checks

If you have been arrested or convicted of a crime in Ohio, you may be wondering what you have to disclose on an employment application about your criminal history. First, it’s important to know that applicants for civil-service jobs are no longer being asked during the initial application phase about whether or not they have been convicted of a felony; in fact, if you are asked this on your initial application (for a government position), then your rights have been breached. That being said, you will have to disclose your past crimes and criminal history at other points in the application process. If you have had your criminal record sealed or expunged, you do not have to disclose this information on an application. You can answer “no” when asked if you have been arrested or charged with a crime.

Financial/Credit Background Checks

Some employers may wish to conduct a financial background check, such as a credit screening report, on an application before making a job offer. When an employer uses a reporting agency to compile a criminal background report or a credit report, they must:

  • Tell the applicant/employee that a consumer report is being requested;
  • Obtain authorization from the applicant/employee to get the report;
  • Provide a copy of the report to the applicant/employee before making an employment decision; and
  • Be upfront with the applicant about any employment decision that is made based on the results of the background check/consumer report.
The requirements above are set forth in the Fair Credit Reporting Act (FCRA). If an applicant’s or employee’s rights are violated under the FCRA, they have grounds to seek remedy.

Your Right to Remedy Under the FCRA

If your rights under the FCRA have been breached, then you have the right to seek compensation and remedy for the harm you’ve suffered. Types of remedies that may be available to you include attorneys’ fees and legal costs, punitive damages, actual economic damages you’ve suffered, and statutory damages.

Call Our Cleveland Background Check Attorneys Today to Learn More

While employers may have a right to conduct background checks on employees, they need to do so in alignment with existing state and federal laws. If your rights have been breached and you think that you may have a case, call our Cleveland background check attorneys at Coffman Legal directly today for support and guidance. We work on a contingency fee basis and always offer free consultations. Get in touch online or by phone now to get started.

Contact Coffman Legal Today

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