When a business is moving forward with a hire, there are times when they want to run a background check on a possible employee. This can create frustrations for the job candidate, because even if they are qualified for the position there could be mistakes on their credit report, inaccuracies that could impact their possible employment.
If a potential employer performed a background check and you feel your rights were violated, help is available. A Columbus background check lawyer has the experience you need to determine if a background check violated any Ohio or federal laws.
Learning About the Fair Credit Reporting Act (FCRA)
A federal law, the Fair Credit Reporting Act (FCRA) is in place to protect individuals, specifically protections for the fairness, accuracy, and privacy of data that is collected and stored in the files of consumer credit bureaus. This is done by regulating how agencies can gather and access information. Then, how that information can be used and shared. According to the FCRA, there are clear employer requirements for obtaining background information.
A few of the guidelines an employer is required to follow:
- The applicant must be informed a background check is being performed for the purposes of employment, and you must authorize the request.
- Provide an applicant with their rights under the FCRA.
- Also, the individual should be informed of any decisions made in response to the background check or other information accessed as part of the initial request.
In short, there are clear steps employers and hiring managers must legally follow. If they do not, it is possible an FCRA violation has occurred. When there is a failure to follow the rules of the FCRA, legal action may be a possibility. A Columbus background check lawyer can assess your situation.
Damages for FCRA Background Check Violations
Depending on the circumstances, there may be a way to secure financial compensation after a FCRA violation. The recovery can be financial because it is possible a person was damaged by lost income and was not able to secure job benefits because of an employment background check performed incorrectly (or erroneous information was relied upon). Individuals may also obtain punitive damages and attorney fees and costs.
In addition, individuals may file FCRA class actions. After all, if an employer violates the rights of one employee or potential hire, it is likely they have exhibited the same violating conduct with other individuals. You do not have to navigate the complexities of gathering individuals for a FCRA class action lawsuit on your own, legal help is available and employment lawyers have the experience and knowledge to help you and your coworkers. Each person’s experience needs to be assessed individually, then a path forward can be determined.
Were you a potential hire for a job who discovered a background check was performed in violation of your rights? Contact the FCRA background check lawyers at Coffman Legal LLC today. We are strong and committed advocates for all Ohio workers and use our experience and knowledge to help you with any background check issues you may encounter. Call 614-949-1181 for a free and confidential consultation.