Did an employer or potential employer run a background check on you?
Do you want to know what it said?
Are you entitled to penalties for a violation?
Would you like a free consultation to find out?
If you think you were a victim of an improper background check, call us at 800-535-5291
Your call will be free AND confidential.
Both the State of California and the Federal Government have strict laws in place to protect you from unlawful background checks. Generally, when someone wants to perform a background check on you for employment purposes:
- You must receive a written disclosure of the plan to conduct a background check
- The disclosure must be presented on its own in a separate document, and it must explain that the background check report (also called a consumer report) is being obtained for employment purposes
- The disclosure must identify the name, address, and telephone number of the agency that is going to conduct the investigation
- The disclosure must warn you that the background check report may include information on your character, general reputation, personal characteristics, and mode of living
- You must have authorized the background check in writing before it occurred
- You have a right to review any information obtained in a background check about you – and the right to correct any mistakes in that information
- Before making any employment decision against you based even partly on the results of a background check (for example, declining to hire you, terminating you, or refusing to promote or transfer you), an employer must give you a notice explaining that it might take adverse action against you based on the background check report, inform you of your rights under the federal Fair Credit Reporting Act (FCRA), give you a copy of the background check report, allow you to explain or challenge the information in the report, and notify you of your right to contact the agency that produced the report to attempt to correct it.
- After making any employment decision against you based on the results of a background check, an employer must give you notice that the decision was based in whole or in part on the information contained in the background check report, the details regarding the company that produced the background check report, and notice that you can apply for another free consumer report.
These are important requirements that protect you from the unlawful use of background checks.
If you have been the subject of an unlawful background check, you may be entitled to money damages.
Under federal law, the damages payable to people who have been the victims of unlawful background checks are $1,000 per violation or the amount of actual damages suffered, whichever is greater. The damages payable under California law are the greater of $10,000 or the actual damages.
Find out if you qualify to bring a California suitable seating case by filling out the form on this page for a FREE case evaluation. It’s absolutely free to find out, so act now!
This is a legal advertisement by Keller Grover LLP
Fill out the form on this page for a FREE case evaluation.
ATTORNEY ADVERTISING
The choice of a lawyer is an important decision and should not be based solely on advertisements.
Counsel responsible for this advertisement include Eric A. Grover at:
Keller Grover LLP
415-543-1305
PAID ATTORNEY ADVERTISEMENT: THIS WEB PAGE IS AN ADVERTISEMENT. The information contained herein is not legal advice. Any information you submit to Keller Grover LLP does not create an attorney-client relationship and may not be protected by attorney-client privilege. Do not use the form to submit time-sensitive information or information that you wish to keep confidential. Instead, please contact us directly regarding any such matters. All photos are of models and do not depict clients.
The foregoing is meant to be a general summary of the applicable law. Your specific case would depend upon the facts and circumstances applicable to you and your employer.