Paola, KS asked in Employment Law for Kansas

Q: Does an employer have to disclose why you failed a background check?? And is there a protocall they have to follow?

Employee was already hired. Fired them without giving any info except he failed background check..

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1 Lawyer Answer

A: Hi, more information is needed here but it sounds like a law known as the Fair Credit Reporting Act "FCRA" is implicated here. Under the FCRA, an employer is required to provide the employee a copy of his background check (or "consumer report") and a summary of the employee's rights under the FCRA within 3 days of taking an adverse employment action, i.e., terminating the employee. Sometimes the company that runs the background check provides the employee with these documents and it is not clear if that was the case here. I would reach out to an employment lawyer in your state for a consultation.

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