Nowadays your information is everywhere. Not surprisingly, employers increasingly conduct background checks on job applicants. Background reports include a wealth of information about your life, including criminal convictions, arrests, bankruptcies, debts, employers, and credit scores. Employers frequently use this information when making hiring decisions.
What many job applicants don’t know is that your background report may contain totally inaccurate information. In fact, it is not uncommon for a background report to erroneously include information—even criminal offenses—about a different person. In other cases a background report may contain old criminal convictions or arrests that should play no role in an employer’s hiring decision.
State and federal laws strictly regulate what information may be reported and whether an employer may consider it when reviewing your application. Federal law requires employers to provide all job applicants with a clear disclosure in writing of their intent to obtain a background report. Employers have to get your authorization before they obtain a background report. Employers must also give you notice of their intent not to hire you because of information contained in your background report. You are entitled to see a copy of your background report before your application is denied.
Air Products & Chemicals, Inc., a leading manufacturer of gases and chemicals, has more than 20,000 employees worldwide. As part of the application process, Air Products runs background checks on job applicants. But the company has recently come under scrutiny over its faulty procedures for obtaining background reports.
An investigation by class action attorneys reveals that Air Products uses confusing and illegal forms before obtaining applicants’ background reports. Investigators also believe that Air Products denies employment applications without showing applicants copies of their background reports.
If you have been denied employment, housing, insurance, or a loan because of your criminal background, you may be entitled to compensation. A federal law regulating background checks called the Fair Credit Reporting Act provides for statutory damages of up to $1,000 per violation, and you may be entitled to more depending on the applicable law and your damages. Depending on the circumstances, you may also be entitled to reinstatement to a job.
Call the background check attorneys at CounselOne for a free consultation to see if you’re owed compensation.
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We Give Individualized Attention To All Of Our Clients
We Are An Experienced Law Firm With 7 Figure Recoveries
We Focus On Consumer & Employment Law To Protect You