Get Legal Support in a Fair Credit Reporting Act Violation with the Top Employment Law Attorneys in New York
If an employer has conducted a background or credit check on you without your permission, and you were denied a job or fired because of the information in that check, you may be entitled to compensation under the Fair Credit Reporting Act (FCRA). Shalom Law is here to assist you through this intricate process and ensure your rights are upheld.
Understanding the FCRA
The FCRA, or Fair Credit Reporting Act, was established to safeguard employees and job applicants from unlawful background and credit checks performed by employers through third parties. Violations of the FCRA by employers entitle affected individuals to seek compensation. The FCRA ensures that these checks are performed fairly, accurately, and with proper consent.
Content Restrictions for Credit Reports and Background Checks
The FCRA also imposes restrictions on the content that can be included in background checks or credit reports:
- Misleading or False Information: Any incorrect information mistakenly included.
- Information of Another Individual: Data pertaining to another person.
- Incomplete Information: Details about prior cases or charges that are incomplete.
- Outdated Information: Negative driving history or criminal records older than seven years.
- Sealed or Expunged Records: Information regarding sealed or expunged crimes.
- Minor Infractions: Arrests for minor marijuana offenses that did not lead to conviction.
If any prohibited information was included in your background check or credit report, your rights under the FCRA may have been violated. Proving these violations often depends on the specifics of your case, making it crucial to consult with a lawyer experienced in FCRA matters.
For more detailed information, you can refer to the Federal Trade Commission’s (FTC) Fair Credit Reporting Act page.
How Shalom Law Can Help
The attorneys at Shalom Law have extensive experience protecting the rights of employees and job applicants who have been unlawfully subjected to background or credit checks. We thoroughly understand the requirements of the FCRA and can easily identify when an employer has failed to meet their responsibilities. Employers who violate the FCRA must be held accountable, as unlawful background checks can significantly impact your employment opportunities. Shalom Law offers:
- Expertise: Deep understanding of FCRA requirements and violations.
- Client-Centered Approach: Dedicated to protecting your rights and securing the compensation you deserve.
- Experienced Representation: Skilled in both negotiating settlements and litigating in court.
If you believe an employer has unlawfully conducted a background check or used the information to make an adverse employment decision, contact the employment attorneys at Shalom Law immediately.
Shalom Law Will Fight For You
Background and credit checks must be conducted lawfully. If you believe your rights under the FCRA have been violated, contact Shalom Law for expert legal assistance. Our experienced attorneys in New York, are here to help you navigate your legal options and secure the justice you deserve. Contact us today at (718) 971-9474 for a consultation.
FCRA Violations FAQ
What is the Fair Credit Reporting Act (FCRA)?
The FCRA is a federal law that ensures the accuracy, fairness, and privacy of information in consumer reports, including background and credit checks used by employers.
What obligations do employers have under the FCRA?
Employers must inform employees of intent to perform a check, obtain written consent, use the information solely for employment purposes, provide an opportunity to dispute information, and inform if adverse action is based on the check.
What information is restricted in background checks?
Misleading or false information, records of another individual, incomplete information, outdated driving history or criminal records, sealed or expunged crimes, minor marijuana infractions, and arrests not leading to conviction.
How can I tell if my FCRA rights were violated?
If an employer failed to inform you, obtain consent, or included restricted information in your background check, your FCRA rights may have been violated.
What should I do if my FCRA rights were violated?
Document the violation and consult with an experienced employment law attorney to evaluate your case and discuss potential legal actions.
Can Shalom Law help with FCRA violations?
Yes, Shalom Law has extensive experience in handling FCRA violations and can provide expert legal representation to protect your rights and secure compensation.
What is the process for filing an FCRA claim?
The process involves documenting the violation, consulting with an attorney, potentially filing a complaint with the appropriate regulatory body, and possibly pursuing legal action in court. Contact Shalom Law to learn more about filing.
Why is it important to have legal representation for an FCRA claim?
Legal representation ensures that your case is presented clearly and effectively, increasing the likelihood of a successful outcome and appropriate compensation.
