Was I wrongfully terminated from a job I had taken FMLA from and returned to a new background check.

I obtained employment in July 2014, a criminal background was conducted upon hire. Now I try to return from FMLA and my employer requested a new background check which showed me on probation after hire and was terminated

1 answer  |  asked Nov 15, 2016 10:13 PM [EST]  |  applies to New York

Answers (1)

Anthony Pecora
I wish I would have seen this question before. When an employer uses a background report or background check to make a hiring or firing decision, the employer must FIRST provide the job applicant or the existing employee with a copy of the background report PLUS a meaningful opportunity to discuss or address the report BEFORE making any final employment decision. These rules are governed by the Fair Credit Reporting Act (FCRA) which is a Federal Statute. An employer that fails to follow these rules could be liable to the job applicant (who is not hired) or the employee (who is fired) for lost wages and other damages. Your statute of limitations (time period that you can make a claim) is two years from the date the employer took adverse action (the date it fired you.) If you are within that time period, you can contact an attorney (nationwide since its a federal statute) to discuss your rights! A claim must be made within that time period. Did the employer provide you a copy of the report? Did it give you time to address it?

posted by Anthony Pecora  |  Oct 9, 2017 1:32 PM [EST]

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