Northern Virginia Credit Rights Attorney
Employer's Credit Check Used Against You?
If you have suffered any adverse employment action because of information obtained in a credit check, you may have a claim for monetary damages against the employer, the credit reporting agency or both.
The Manassas law firm of Thomas R. Breeden, P.C., stands up for employees' rights under the Fair Credit Reporting Act (FCRA). Call 703-659-0188 for a free initial consultation. We represent workers in Prince William County, Fairfax County, Northern Virginia and statewide.
Employer Use of Credit Reports
An employer has a right to run a background check on prospective employees. However, if employment screening includes a credit check, the employer must disclose that fact to you. Employers may also obtain your credit report after hiring, such as for security clearance or a position handling money. The employer does not need your consent for a credit check, but you must be notified.
You may have grounds for a lawsuit if:
- You suffered any adverse employment action (not hired, termination, transfer, demotion) based on errors in your credit report
- The employer failed to disclose that it has obtained your credit report
- Your credit report is obtained under false pretenses or distributed to unauthorized parties
Liability and Damages
Employers are liable for relying on erroneous credit scores if the employee had no knowledge of the credit check — and thus no chance to dispute inaccuracies. The credit bureau can also be liable if you had informed the agency of errors and it failed to correct them.
Compensation can include actual damages (lost wages, defamation), statutory damages (fines) and attorney fees. A recent class action verdict awarded $3.5 million to a group of workers for non-disclosure of credit checks in violation of the Fair Credit Reporting Act.
Tom Breeden is an accomplished trial lawyer with more than 15 years of experience in consumer protection and credit report litigation. He also helps clients proactively fix credit report errors before they lead to adverse outcomes.
If an employer has violated your rights on the basis of a credit check, contact our Manassas law office for a free case evaluation.
