What kind of Attorney should I hire?

[secksfenders]

What is the name of your state (only U.S. law)? Florida

I have applied for employment to many healthcare agencies and companies across the country within the last year. The most recent being this month when I applied to 4 of them - all out of state. At first they are all excited and tell me I am most qualified. Then they run a criminal background check and then they tell me they have hired another person. I sign a document giving them permission for the background check. However, only after many phone calls am I told I was not hired due to information contained in the background report. When I ask for a copy of the criminal background report they viewed - they tell me sorry they are not allowed to mail me a copy.

Instead they give me the name of the company running the SSN/DOB. I call them and they say the company requesting the information has to provide me with that - not them.

So I checked around on the internet and found that criminal background checks fall under the Fair Credit Reporting Act and the Civil Rights Act of 1964. According to the federal government, any company that uses a criminal background report in part or whole as a condition of employment or as part of the hiring process, must provide a copy of the report to the person seeking employment. Apparently this is to ensure that information is accurate. If they do not admit that a criminal background check was used and fail to provide a copy - then they are liable for damages. So far I have about 15 companies I want to go after. My question is what type of attorney should I seek out to defend my rights under the FCRA? Thanks.

 

[las365]

What is your criminal history?

 

[eerelations]

The OP's tag seems to hint at his criminal proclivities...

OP, having a criminal record is something you'd already be aware of, not something you'd need a background-checker to tell you about. So I don't understand why you want to spend money to get an attorney to tell you something you already know.

In addition, while compamies may be legally required to provide copies of criminal background checks to their applicants, it is also perfectly legal for them to deny employment to said applicants if they (the applicants) have criminal records.

So if you do hire an attorney, all you're going to get is a copy of your criminal record. You're not going to get a job, nor will you get any money.

 

[swalsh411]

Have you spoken to somebody higher up in HR at the companies you are applying with? It's possible that you have only talked to some low-level HR assistant who answers the phone and is not aware of the requirements under the FCRA. I would ask to leave a message with an HR manager and specifically inform them that you are exercising your right to obtain a copy of the report.

You might also want to send your request via mail or ask for the HR manager's email address.

 

[secksfenders]

Wow...gee whiz...I asked a simple question and can't even get a simple answer. I asked what TYPE of attorney I would hire.

"Proclivities"? Wow...fancy word there fella. If you are a degreed lawyer I respect your academic accolades but really no need to impress the rest of us with your fancy talk.

Sorry to disappoint you but I have no criminal record. I simply wish to enforce FCRA rules on those companies that are non-compliant. That's ok though. This is my second and last posting on this forum. I just wanted a simple answer - not a literary profile of what you think I am. I will call a legal referral service on Tuesday. Good Day.

 

[secksfenders]

Thank you swalsh411

 

[Antigone*]

Wow...gee whiz...I asked a simple question and can't even get a simple answer. I asked what TYPE of attorney I would hire.

"Proclivities"? Wow...fancy word there fella. If you are a degreed lawyer I respect your academic accolades but really no need to impress the rest of us with your fancy talk.

Sorry to disappoint you but I have no criminal record. I simply wish to enforce FCRA rules on those companies that are non-compliant. That's ok though. This is my second and last posting on this forum. I just wanted a simple answer - not a literary profile of what you think I am. I will call a legal referral service on Tuesday. Good Day.

Simple answer - a desperate one

 

[eerelations]

Hey, wow, I was just trying to be helpful!

And if you think "proclivities" is a fancy word, you obviously haven't finished middle school.

Finally, if you don't have a criminal record, why did you call yourself what you did? To offend us right off the bat?