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Consumer Law

Employment Decisions Based on Credit

Employers frequently obtain a copy of your consumer report in order to run a background check before hiring an employee or for some other employment purpose. These consumer reports will frequently contain employment history, criminal history, etc. It is lawful for employers to do this but certain steps must be followed under the Fair Credit Reporting Act (FCRA) to make an employment decision based on credit. There are concerns about invasion of privacy of you and your family and corporations must follow those steps if they want to investigate you.

Credit reporters and background check services are frequently over-inclusive about data and information in reports. An individual with a similar name or a similar social security number might have their criminal charges included in your record. A family member’s credit issues might be included with yours. These types of mistakes are not acceptable. Consumer reporters must use reasonable procedures to assure maximum possible accuracy of your personal, private information.

Businesses cannot make an employment decision based on credit checks upon without giving you a fair chance to clear up the misunderstanding.

Employers also cannot run a consumer report or a background check without making it very clear to you in advance that they are going to do so.

Our firm handles cases where our clients have an employment decision based on credit checks or due to an inaccurate criminal record. All consultations on Fair Credit Reporting Act cases are free and we always take FCRA cases on a contingency basis, meaning no attorney fees are owed unless we recover compensation for you.