Many consumers in Virginia, Maryland, and the District of Columbia are denied employment or fired because of inaccurate information in their employment credit reports. If you have lost a job or job offer because of inaccurate credit or criminal information, you have very specific rights under the Fair Credit Reporting Act. Employment credit report cases are very complex, and it makes sense to consult with a lawyer regarding your specific situation. Consumers have detailed rights as to employment related credit reports that a potential employer must disclose prior to obtaining an employment related credit report.
The FCRA requires that a potential employer provide a “clear and conspicuous” disclosure in writing before the employment related consumer report is procured or caused to be procured for employment purposes. This disclosure must be in a document that consists solely of the disclosure. You are entitled to a separate, written disclosure that clearly discloses to you that a consumer report will be obtained for employment purposes prior to the time that a potential employer obtains a credit report.
Consumers also have specific rights prior to the time that an employer can take an adverse action based on or partially based on information contained in an employment related consumer report. Prior to taking an adverse action, like not hiring a consumer because of information in a consumer report, the employer must provide a copy of the report and a description in writing of certain consumer rights. The FCRA requires this disclosure so that a consumer may be able to correct any inaccurate information in their consumer report prior to the time that they are actually harmed by the information contained in an inaccurate employment related consumer report.
Many consumers lose employment because of inaccurate employment credit reports. These reports include information related not only to late financial history, like charge-offs, judgments, and bankruptcy, but also include inaccurate felony convictions and criminal records. In a tough job market, employment offers will go to the next available candidate who need not explain why they were never convicted of a felony or other inaccurate reporting.
Consumers have very detailed rights as to employment related credit reports and are best served by contacting an attorney to discuss their specific factual scenario. I would be happy to speak to you about your situation and potentially help you with your problem in Virginia or direct you to a local lawyer that may be able to assist you.