Q: My new employer pulled the offer the day I started. I already quit my old job. Do I have a case?
I live in California. I work in accounting. I landed a new position, gave notice and quit the old job. The new company was lackadaisical in the hiring process. They ran my background report right away, didnt drug test me and on the day I started ran my credit and pulled the offer. I am now jobless. Looking to see if I have a case.
A: Do you think the employer terminated you because of your credit report? If the employer used the credit report to fire you, it should have first provided you with a copy of your report PLUS a written statement of your consumer rights (a document which tells you how to contact the reporting company and dispute any errors) BEFORE it made any final decisions on your employment. The law (in this case the Fair Credit Reporting Act) is there to protect job applicants and employees who are declined employment or fired because of the contents of a background or credit report. The FCRA requires that the employer FIRST provide you that copy of the report plus a meaningful opportunity (usually 5 days) to review, discuss and even dispute the contents BEFORE making any final employment decision. An employer that fails to follow these rules may be liable to an employee or job applicant for lost wages or other financial damages. Did the employer give you a copy of the report?
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