QUESTION
My boss continually runs comprehensive background checks without authorization. What can be done?
Asked on Sep 08th, 2014 on Employment Contracts - Texas
More details to this question:
I am not sure what legal topic this falls under. I have documentation that he ran a comprehensive background check before I even came in for an interview.
1 ANSWER
2 Awards
The Fair Credit Reporting Act requires that an employer or prospective employer obtain the employee's or prospective employee's consent before obtaining a consumer credit report, which include's most type's of background check data supplied by commercial vendors. After it obtains the report, the employer is required to provide a copy of it to the employee or prospecitve employee before it takes any adverse action against the employee and provide the employee with an opportunity to respond to any negative information contained in the report.
Damages are available for violations of this law, though lawsuits for such actions are better brought as a class action on all affected employees' belhalf.
Answered on Sep 08th, 2014 at 1:40 PM
The forgoing is for general information purposes only and does not constitute legal advice or establish an attorney-client relationship.