UNLAWFUL EMPLOYER BACKGROUND CHECKS
Now more than ever employers are using background checks to hires and fire potential and existing employees. In today's economy, because there are few available jobs, the demand for the few open position has surged to record heights. This caused companies to scramble for new cost effective methods to weed out the increasing number of applicant for a decreasing number of jobs.
In order to stem the tide of applications, employers are conducting background checks which include criminal history checks on applicants and even current employees. There are hundreds of companies who compile and create criminal background reports. The employers rely on this data when trying to weed out applicants.
Unfortunately many criminal background reports contain mistakes and old information. Common mistakes on a criminal background check include:
--Misclassification of a statute as a criminal offense
--Mistaken identity, i.e. running a background checks on individuals with
common names.
--Old information being reported as new or current events.
When adverse employment decisions are made because of a faulty background check, federal law may you the right to file a claim against the employer.
Federal law also states that employers must give you a copy of the background report BEOFRE they make the adverse decision. They must not simply tell you that you failed a background check and send you on your way.
If you have been turned down for a job or lost a job due to a background check you must request a copy of the criminal background report then call us immediately for a consultation.
We may be able to recover damages for you.
