Trucker’s Rights Under the Fair Credit Reporting Act

Truckers have rights under federal law which protect them from inaccurate background or employment reports. The federal Fair Credit Reporting Act requires employers and background check companies to abide by various rules before denying a trucker a job. You should explore your rights now so that you don’t allow any claims you may have to run out under the statute of limitations. If you believe that you have a case against a prospective employer and/or a background check company, please contact us here, and we will be happy to review your situation at no cost to you.

Illegal Conduct by Employers:

Each time you applied for a job requiring background check, your employer was required to:

• Notify you that your employer was ordering a background check.
• Obtain your consent to the background check.
• If you applied in person, notify you of any adverse employment decision (e.g. job denial) that your employer was planning to take based on the negative background check.  Your employer must also give you the report it obtained and statement of your rights BEFORE you are the job or position.
• If you applied by mail, phone, fax or email, notify you of any adverse employment decision, the name, address, and toll-free number of the company which provided the background report and certain information about your rights WITHIN 3 DAYS of the job denial

As many background checks contain wrong information and as many employers routinely fail to comply with the law, consumers are often wrongfully denied jobs through no fault of their own. You have a right to recover damages against such employers. Contact us for a free discussion of your rights and options.

Illegal Conduct by Background Check Companies

Each time you applied for a job and the employer ran a background check on you that contained negative information, the background check company was required to:

• Notify you that it was providing negative background information to your employer, along with the employer’s name and address, AT THE TIME it provided such information to the employer

Many Background Check or Screening Companies fail to comply with the law, some often sending the consumer notification days, if not weeks, after the job application and denial. By then it’s too late to get the job back. You have a right to recover damages against such companies. Contact us for a free discussion of your rights and options.

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