Dayton Background Check Attorney
The rigamarole of applying and interviewing for a new job is often a time-intensive, stressful experience, particularly when an employer or prospective employer runs a background check on you. Because background checks can be riddled with inaccuracies, Ohio employers are required to abide by the Fair Credit Reporting Act (FCRA) when they run credit or background checks on applicants; if your employer or prospective employer violated the rules laid out by the FCRA, you can hold them accountable. At Coffman Legal, LLC, our Dayton background check attorneys assist individuals, as well as groups of people as part of a class action lawsuit, in holding their employers and prospective employers accountable for violating their rights.
Background Check Laws
Background checks are not always as innocent as they may seem. In fact, many employers use them in order to turn away applicants based on their race or other protected trait. According to the Equal Employment Opportunity Commission, it is unlawful to perform a background check simply based on the employee or applicant’s race, national origin, color, sex, religion, disability, genetic information, or age if they are over 40. Up to 95 percent of companies run at least one background check on job applicants. But not all do so under the regulations created in the Fair Credit Reporting Act (FCRA). Guidelines for running a credit check or criminal history check include the following, according to the Federal Trade Commission:
- Tell you that a consumer credit report is being done for employment purposes;
- Get authorization from you to obtain said consumer report;
- Give you a copy of the report, as well as a copy of the Summary of your Rights Under the Fair Credit Reporting Act, before they make any employment decision; and
- Tell you if they make a decision based on the background check. They must provide the name, address, and telephone number of the consumer reporting agency used, and that you have the right to dispute the accuracy of the check.
While required by law, not all employers follow the above regulations. If any of these rules are violated, they can be held financially accountable by filing a claim against them.
Compensable Damages in a Credit Report Violation Claim
If your rights were violated during a background check, you may be able to collect damages in a lawsuit for the following:
- Lost wages, benefits, and other actual damages;
- Statutory damages of up to $1,000 per FCRA violation;
- Your attorneys’ fees and other legal costs; and
- Punitive damages.
Call a Dayton Background Check Attorney Today For Help
If you lost a job due to an FCRA violation, your attorney can be held financially responsible. Every Fair Credit Reporting Act claim is different, which is why you need an attorney that will treat your case with the attention that it deserves. If you believe that an employer broke the law in any way, call the Dayton background check attorneys at Coffman Legal, LLC today at 614-949-1181 to schedule a free consultation.