Consumer & Personal Injury Litigators

Background information checks: there are rules for that

Here’s a hypothetical — and a sure reality that often plays out routinely in American workplaces, as well — underscoring adverse worker-related outcomes.

You’ve had your eye on that new position, which is attractive because of the challenges and higher pay it offers. You’ve performed what you believe is an objective self-evaluation of your qualifications, and you feel that you are a slam-dunk candidate for the job. You’ve duly complied with all the job-related prerequisites and just finished an interview, which you feel went very well.

And then another  person who seems manifestly less qualified in many respects is offered the position. You’re hurt and confused.

And it is also possible that you were victimized by an illegal background ground.

As we note on the Employer Background Checks page of our website at Philadelphia-based Bensley Law Offices, LLC, “It is not uncommon for employers to collect information on employees without proper consent.”

That word “consent” looms large in every instance where an employer seeks to obtain and closely exam a worker’s credit report and related information. Perusing an employee’s credit information is legal, but only if that worker is first made aware of the intent to do so and gives consent for a report to be pulled.

Employers don’t always comply with that requirement, which is a federally mandated dictate set forth clearly in the Fair Credit Reporting Act.

The rationale for employee protection in this context is clear enough. There are obviously privacy issues involved and, moreover, credit reports frequently contain incorrect adverse information that can influence an employer.

Our law firm zealously safeguards and promotes the rights of employees having questions or concerns regarding employer background checks and their results. Our representation includes strong advocacy on behalf of any employee who is adversely affected at the workplace owing to an employer’s illegal use of his or her personal information.

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