Waffle House, the diner-style restaurant chain, has recently come under scrutiny for inappropriately using background checks to screen job applicants. Some applicants may have been denied employment without having the chance to see their background reports and correct any inaccuracies. Investigation has revealed that Waffle House uses a third party to run background checks that often reports inaccurate information and refuses to comply with federal law. This practice is believed to have the largest effect on applicants with criminal records who are denied employment without an individualized assessment of their qualifications.

Federal law requires prospective 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. Background checks often include false information that can frustrate your employment prospects, and the law gives you a chance to correct it. It is not uncommon for a background report to erroneously include information—even criminal offenses—about a different person. Consequently, employers must give you notice of their intent not to hire you because of information contained in your background report. You are entitled to a copy of your report at no charge BEFORE the employer denies your application for employment. In certain circumstances, you may be entitled to statutory damages if an employer fails to comply with the law relating to background checks.

A class action has been filed against Waffle House challenging the company’s background check practices. If you’ve applied at Waffle House or have relevant information, we’d like to hear from you.