Improper or Illegal Employment Background Checks – What Every Job Applicant and Employee Should Know:

Employer background checks are subject to strict legal requirements and employees should know their rights should an error on a background report lead to denial of a job, failure to promote, or negatively impact credit, or housing to name just a few. The law firm of Tarshish Cody PLC will evaluate the specific circumstances of your case. Speak to an attorney by calling 952-361-5556.

A federal law known as the Fair Credit Reporting Act (FCRA) protects employees and strictly regulates the conduct and use of background checks by employers (and non-employers such as landlords and creditors). If you believe your background report has hindered or prevented you from being hired, obtaining a loan, finding housing, or if there is simply inaccurate information in the report, contact the law firm of Tarshish Cody PLC and schedule a free initial consultation by calling 952-361-5556. Tarshish Cody PLC is experienced in improper and illegal background checks, credit reports, and identity theft.

Employer Background Checks

Employers must disclose to job applicants and existing employees that they plan to conduct a background investigation. In that disclosure, an employee must agree in writing to that background check. Companies that provide such background information such as consumer reporting agencies (CRA) must confirm that the employee has authorized their investigation. Our attorneys at Tarshish Cody PLC can help evaluate if any party involved in an employee background check has violated provisions of the FCRA, and if so, explain how we will fight vigorously to protect employee rights.

Employee’s Right To A Copy of Employer Background Check

After a CRA has conducted a background investigation, it must provide a copy to the employee-subject of that investigation. Also, any adverse action against an employee taken as a result of information in the background report, must be noticed to the employee for the purpose of allowing the employee to dispute potential errors in the report.

When a consumer reporting agency runs a background check they must provide you with a copy of your report upon request. It often happens that employers fail to copy these reports to employees who suffer adverse action against them. If an employee is not given adequate opportunity to dispute and correct errors in the report, or if an employee has not been be notified of the investigation, that employee may have a cause of legal action and claim for compensation as a result. These employee rights apply to consumer reporting agencies as well as employers. Our attorneys at Tarshish Cody PLC can assist employees in obtaining a copy of a background report and personnel files. Call 952-361-5556 to schedule an interview.

Errors in Background Checks

Many types of errors can occur on background reports. Tenants may find reports with evictions that are in fact from people with similar names. Others may find a misdemeanor criminal record has been misreported as a felony, or a dismissed charge from more than seven years ago is still being reported. Our law firm, Tarshish Cody PLC, can help determine if these errors may entitle you to file a claim of injury.

• Pre-employment and criminal background checks should not include:
• Any information that is not related to the person authorizing the background report.
• Negative information more than seven years old, with the exception of convictions and bankruptcies.
• Erroneous repeat-reporting of the same information.
• Inaccurate information.

Our attorneys at Tarshish Cody PLC can advise you on errors in a background report and how to file a claim for compensation from such errors. Denial of employment, a loan or housing are serious negative consequences that may entitle you to legal recourse. Consumers who have been subject to violations of the federal Fair Credit Reporting Act (FRA) may have a right to sue for damages that can include statutory and punitive claims. You can call us at 952-361-5556 (or fill out the free case evaluation form below) now for a free initial consultation to discuss your rights.

Attorney Practicing In This Area

Kyle Kosieracki