Experienced Employment Litigators at Ahdoot & Wolfson
People are often overwhelmed by the job hunting process and for good reason. Employers are increasingly demanding detailed applications and multi-round interviews in an attempt to whittle down the field of qualified candidates. In their move to establish stricter hiring practices, however, many employers have “jumped the gun” and incorporated background checks that violate State and Federal regulation.
We’re here to help.
Here at Ahdoot & Wolfson, PC, our team of employment litigators has decades of experience helping clients in California (and throughout the United States) litigate claims against their employers — current, former, and prospective. We handle a wide range of employment disputes on behalf of such plaintiffs, including those centering around hiring decisions based on an illegal background check.
We provide the sort of relentless, innovative advocacy necessary to secure a positive result in litigation against powerful employers — especially in the class action context. Our attorneys boast over two decades of experience working as lead counsel in class action suits brought against some of the largest employers in California.
Background Checks Under the Fair Credit Reporting Act
The Fair Credit Reporting Act (FCRA) is a federal law that covers the process of handling consumer reports (i.e., disclosure, privacy, accuracy, etc.) that may include credit and criminal histories. The FCRA incorporates a number of process-related protections. Prospective hires must be given a written disclosure indicating that a background check will be conducted, must be given a copy of the background check report, and must be given an opportunity to challenge the content of the reports. If those process-related requirements are not met, and the employer refuses to hire someone on the basis of the information included in the background check report, then the employer (and possibly the background check company) can be held liable for violating the FCRA.
In recent years, there has been a string of high-profile class action litigation against employers and background check companies who have violated the FCRA. Employer over-reliance on background checks, without the concomitant process-related protections enshrined in the FCRA, is a form of corporate misconduct.
Many consumer reports are full of inaccurate or unfair information. Consumers have a legal right to challenge the information contained in background check reports and must be given adequate opportunity to review and dispute the report, as well as discuss the contents of the report with the employer before a hiring decision is made.
Seek Experienced Litigation Counsel
If you’re ready to speak to a qualified attorney about your employment law claims, we encourage you to contact our team for guidance.
Contact us today for a free initial consultation to determine your legal rights and potential remedies — in this consultation, one of our experienced attorneys will attend to your matter personally. It’s important to note that we routinely take on complex cases on a contingency basis, and have the resources to finance litigation costs. As such, no legal fees are charged to the client until a successful recovery has been achieved.