Pre-Employ Blog

Found a Criminal Record? Proceed with Caution

Posted by Bob Mather on August 08, 2017

Most human resource professionals have an incredibly busy work week. Piles of resumes on the desk, hiring deadlines to meet and more. When a background check comes back with a criminal record, many human resources (HR) leaders simply reject the candidate and move on to the next candidates.

The rejection of an applicant based on an obvious "no hire" criminal record rule is one of the most common lawsuits hitting employers in the United States today. Plaintiffs lawyers are hitting corporations with lawsuits, alleging failure to follow adverse action protocols at an astonishing rate. 

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Topics: FCRA, Adverse Action, FCRA Compliance

FCRA Lawsuit Win for Employers

Posted by Bob Mather on June 15, 2017

Attorneys Michele Haydel Gehrke and Brian K. Morris recently wrote about about a case that may have significant impact on employers. particularly employers facing lawsuits regarding adverse action procedures, FCRA disclosure forms and proper notice of rights paperwork.

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Topics: FCRA, class action lawsuit, FCRA Compliance

Healthcare Management Group Hit with FCRA Background Check Lawsuit

Posted by Bob Mather on June 13, 2017

According to McKnight's long-term care news, an Indiana-based healthcare management group has been hit with a class-action lawsuit after a job applicant claimed she was denied a position at the company based on an allegedly false background check report.

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Topics: Lawsuit, FCRA, Healthcare, FCRA Compliance

Kelly Services to pay $6.7 Million in FCRA Background Check Lawsuit

Posted by Bob Mather on March 30, 2017

Kelly Services has agreed to settle a class action lawsuit for allegedly violating the Fair Credit Reporting Act (FCRA).As mentioned in our white paper - Top 3 FCRA lawsuits and how to prevent them - the background check release form is a top target for class action lawyers looking to capitalize on big paydays. According to topclassactions.com, plaintiffs allege that between July 18, 2012 and January 23, 2014, Kelly Services provided its employees and job applicants with a FCRA disclosure form to conduct background checks that also contained a liability release. Unfortunately, this is in clear violation of the Fair Credit Reporting Act (FCRA).

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Topics: class action lawsuit, FCRA Compliance

FCRA Class Action Case Dismissed

Posted by Bob Mather on March 23, 2017

A win for employers, Fair Credit Reporting Act (FCRA) class action lawsuit case dismissed.

A federal judge in Minnesota dismissed a FCRA class action lawsuit after agreeing with the defendants that her “informational injury” did not meet the burden of proof. Employers that are currently in litigation regarding background check release forms should take note. If your company is not in litigation, this information should be shared with your legal department.

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Topics: FCRA, class action lawsuit, Lawsuits, FCRA Compliance

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