For employees throughout Youngstown, being asked to submit to a background check at an employer’s request can be unnerving, especially if there’s something in your background that you don’t want your employer /potential employer to find out. While it may be perfectly legal for an employer to request a criminal background check and credit report — and in fact even required for workers in some occupations, such as those working with children — background reports must be conducted in accordance with the law. At the office of Coffman Legal, LLC, our Youngstown background check attorneys are advocates for employees’ rights and can provide you with attentive legal representation if your rights have been violated during an employer-conducted background check. Call our office directly today to learn more.

Background Check Laws in Ohio

Under the federal Fair Credit Reporting Act (FCRA) and some Ohio-level laws, including the “Ban-the-Box” legislation, employees who are asked to submit to criminal or credit background checks have certain rights. Rights under the FCRA If an employer plans to conduct a credit check/consumer report on you, then under the FCRA the employer:

  • Must tell you that the consumer report is being requested;
  • Must obtain your authorization in order to proceed with collecting the report;
  • Must provide you with a copy of both the Summary of Your Rights Under the Fair Credit Reporting Act and a copy of the results of your consumer report before making any decisions about your employment status; and
  • Provide you with notification of any decisions about your employment status based on your background check.
Rights under the Ban-the-Box law Under the ban-the-box law in Ohio, public employers are prohibited from asking questions about a job applicant’s criminal convictions, including whether or not they’ve faced a felony conviction, on the initial job application. It’s also important to know that if you have had your criminal records sealed or expunged, you generally do not have to report the arrest/conviction to your employer if asked, either.

Remedies if Your Rights Are Violated

If your rights are violated, you may be entitled to certain remedies. If your rights under the FCRA have been breached, you may be able to seek compensation for attorneys’ fees and legal costs that you’ve incurred; compensation for any actual damages you’ve suffered, such as lost wages; statutory damages; and even punitive damages in some cases. It’s important to consult with an attorney who can review your rights with you, determine whether or not you have a case, and represent you in bringing forth your claim.

Call Coffman Legal, LLC Today

If you believe that your rights have been breached during an employment background check, our experienced Youngstown background check attorneys are available to help. We can review your case free of charge and provide you with legal advice. If we decide to take on your case, we work on a contingency fee basis so you never have to pay for our services out of pocket. To schedule your free consultation today, please call us directly at your convenience or send us a message online.

Contact Coffman Legal Today

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