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Disclosure of Background Check Report

Can my employer fire me for something listed about me on a background check without giving me a copy of the background report?


No. Under the Fair Credit Reporting Act (“FCRA”), among other things, an employer must first obtain an employee’s or prospective employee’s permission to run a background check on you. If the employer intends to use that information against you to take an “adverse employment action” (such as not hiring you or firing you), it must first give you a copy of the background check and a document called “Summary of your Rights under the Fair Credit Reporting Act.”

The idea is that you will have an opportunity to contact the company which generated the report in case there is inaccurate or incomplete information. This is especially necessary these days when cases of identity theft are abundant.
Recently, there have been several class actions involving such claims. See the Connecticut Employee Rights Blog.
To learn more about the FCRA in the context of employment, you can

Visit the Federal Trade Commission’s site at https://www.consumer.ftc.gov/articles/0157-employment-background-checks

If you feel your employer has violated the FCRA, feel free to contact the Hayber, McKenna & Dinsmore, LLC.