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EWS Lawsuit Over Background Check


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4 replies to this topic

#1 tmcgill

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Posted 06 November 2016 - 03:47 PM

As a data aggregator and CRA, another revenue source for EWS is providing background check information.

They were sued earlier this year by an applicable applying for a job at Wells Fargo.

 

Unless the judge throws the case out, or EWS settles out of court, this may go on for awhile.

 

https://topclassacti...kground-checks/

https://casetext.com...rning-servs-llc


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#2 KEY15

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Posted 06 November 2016 - 05:53 PM

I posted the following in a different forum awhile back.  Thought this would be a good thread to post it as well.

 

 

Great topic!!! I know first hand about BG checks reporting inaccurate information.  I started a job and 2 weeks after starting, was fired because they said I lied on my application.  The question was "Have you ever been convicted of any violation of law"? I answered no, because I was not convicted.  The original charge was a misdemeanor, that was reduced to an ordinance violation, equivalent to a traffic ticket.  I was ordered to pay the fine, and was on court supervision for 2 months.  As long as I paid the fine and completed the supervision, no conviction would be entered against me. The employer never gave me any type of notice of my rights to a copy of my report.  Only after doing some research, did I find out they were supposed to provide me with the report.  I contacted the employer who sent me the report. The BG company the employer used, was reporting a misdemeanor conviction. I attempted on several occasions to have it corrected, but it never was.  Long story short, I contacted an attorney who filed a suit against both the employer and the BG check company.  Both ended up settling, and let's say it was well worth it!!!!  I ended up with a nice settlement between the 2, and nothing being reported anymore.

 

What these BG check companies do, is pay people to sit at a courthouse computer and run criminal histories on people.  The more people they run, the more money the person sitting at that computer gets paid.  That's how errors happen!!!  BG check companies should be liable for the errors they make.  What they report to an employer, will determine someone's livelihood!!!


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#3 tmcgill

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Posted 06 November 2016 - 07:41 PM

They don't conduct due diligence, or ensure accuracy. I'm glad you had a good resolution.
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#4 tmcgill

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Posted 07 November 2016 - 08:42 AM

Postscript:

Got an email about this post from someone about a recent background check. Apparently, they were declined a job with one of the cell phone companies. The background check showed a felony assault in another state by someone with the same common name, same DOB - but with a different year. They ask me for suggestions how to deal with it.

 

1. The employer is required to tell you the name of the service who provided the information.

(This individual had to make several calls to the company's HR department before they got the information)

 

2.  One you get the information, find out which legal jurisdiction they got the information from.

(Why is this important?) **Because this may occur again with a different company.

Get a fax on that court's letterhead stating the exact identifying information that proves you did not commit the offense.

 

3.  Personally, I would consult with an attorney who specializes in this area. You have legal proof you were harmed by the report.

The company providing the report failed to conduct due diligence and note different years of birth or social security numbers.

Their actions cause a potential employer to reject your application.

 

Which is one of the reasons I have a problem with many of these services. They are only interested in volume, not accuracy.

If they provide inaccurate results, the consumer then has to sort things out  - sometimes at a cost.


Edited by tmcgill, 07 November 2016 - 08:43 AM.

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#5 KEY15

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Posted 09 November 2016 - 11:36 PM

Yep!!! I would contact an attorney.  The HR department I dealt with really messed up, so know your rights!!!

 

*If employers conduct a criminal background check, they also must comply with the legal requirements of the Fair Credit Reporting Act.

 

 *At least 5 days before an employer can reject an applicant based on the background check, it must provide a letter saying it may take adverse action based on the background check, provide the applicant with a copy of the report and allow time for the applicant to correct inaccurate information. 

 

*After any adverse action is taken the employer must give the applicant or employee notice of that fact.


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