Employee Summary Of Rights For Background Checks

by Tyler P. A Passionate Blogger - Entertainment

Despite the many warnings from the Fair Credit Reporting Act, background check firms and employers have continued to violate the law against employees’ rights. This has eventually given rise to a significant number of class-action lawsuits. A few decades ago, these parties shelled out hundreds of millions to settle related litigations. According to FCRA, employees are supposed to be given a summary of their rights. This means that whether the employer is conducting a background check for pre-employment purposes or to existing employees, they need to be aware of the background check. Conversely, the employee should give the employee an expressed permission to conduct the background check. If the employer fails to follow the set rules under FCRA, this can give rise to a class-action lawsuit for the affected employees.

Your Summary Of Rights
If your employer performed a background check in the last five years and you have a reason to believe the federal rules could have been violated, you may consult class action lawsuit lawyers in California to determine whether you may have a claim. This is why employees or job applicants need to know their rights when it comes to background checks. The most common and vital rights include:

Right to dispute any incorrect information: There is a set procedure of how information should be gathered, maintained, and distributed. Anyone has a right to dispute any information they deem incomplete or inaccurate. For instance, an employee may have incomplete or incorrect information on their credit report or any other type of consumer report. Such an employee should dispute any credit reporting agency information they deem inaccurate.

Right to a file disclosure: This is vital for those who need to apply for employment. For instance, you may have incorrect information recorded about fraud; if you were to apply for an accounting position, there is a likelihood you may not get the chance. One should have access to their file to know what to expect when applying for the job. Generally, everyone has a right to a free disclosure every year upon request.

Right to give your consent for your information to be used by your employer: Your employer cannot have your information from the consumer reporting agency without your consent.

In most cases, you find that the above rights may be denied to several job applicants or employees. This is a good ground where such groups may seek help from class action lawsuit lawyers in California to know whether an employer can be held liable for violating the FCRA rules.

Get Legal Help
Employers must ensure to follow California background check laws, especially when screening applicants for employment. Simple things such as using a birth year instead of a full birth date could result in one being denied employment due to mixed up criminal history results. This may seem simple, but it has resulted and continues to result in litigations. In most cases, you may find that you have more rights under state laws. You can get this information from an employment lawyer who is conversant with the consumer protection agency. It becomes hard for employers who rely on partial information when it comes to California background check laws. If you have been turned down either because the employer has information that doesn’t apply to you or has inaccurate information, you need to take action against your employer with the help of an experienced employment lawyer.