Denied a Job Because of an Employment Background Check?

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Proof Required?

If you've been denied employment or fired following a background check, you may have rights under the Fair Credit Reporting Act (FCRA). The FCRA requires employers to follow specific procedures when using background checks in hiring decisions, including getting your permission and providing you with copies of reports used against you. Many employers fail to comply with these requirements, which can give affected job applicants and employees the right to pursue compensation. If an employer violated FCRA rules during your background check process, you may be eligible to file a lawsuit and recover damages.

Who Is Eligible?

You may be eligible to file a claim if you:

You were denied a job, promotion, or fired after a background check
The employer failed to get proper written consent before running the background check
You weren't provided with a copy of the background report before adverse action was taken
The employer didn't give you proper notice that they were taking adverse action based on the background check
You weren't given time to dispute inaccurate information in the report

How Much Can You Get?

FCRA violations can result in compensation for affected individuals. The law allows for both actual damages (like lost wages from being denied employment) and statutory damages. Statutory damages can range from $100 to $1,000 per violation, even if you can't prove specific financial harm. In some cases, if the violation was willful, you may be entitled to additional punitive damages. The exact amount depends on the specific circumstances of your case and the severity of the employer's FCRA violations.

How to File Your Claim

Filing your claim is quick and easy:

Gather documentation related to your job application and any background check communications
Review any paperwork you received (or didn't receive) about the background check process
Note the timeline of events, including when you applied, when the background check occurred, and when you were notified of any adverse action
Consult with an attorney who specializes in FCRA cases to evaluate your claim
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Frequently Asked Questions

What is the Fair Credit Reporting Act FCRA

The FCRA is a federal law that regulates how background check companies collect and share consumer information. It also sets rules for how employers must handle background checks, including getting proper consent and providing notices to job applicants.

How do I know if my employer violated FCRA rules

Common FCRA violations include running a background check without written consent, taking adverse action without providing you a copy of the report, or failing to give you time to dispute inaccurate information. If you weren't properly notified about the background check process, this may be a violation.

Can I sue for FCRA violations even if I can't prove lost wages

Yes, the FCRA allows for statutory damages of $100 to $1,000 per violation, even without proof of actual financial harm. You don't need to show specific monetary losses to potentially recover compensation for FCRA violations.

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