Leonardo Molina worked at a Roskam Baking Co. through a temp agency. He earned a permanent job, but after 2 days he was terminated. The temp agency did not want Mr. Molina back. The problem was that his background check showed that Mr. Molina was convicted of a 2007 felony in Florida.
Later Leonardo Molino learned that the conviction belonged to a different Leonardo Molino. “They kick me out. They don’t tell me anything and I’m up in the air. I don’t know why they’ve left me without work.”
Molino said he was fired based on false information and had to leave his family in Michigan to go to another state to find a job. He sued Roskam, the temp agency and the company providing the background information. He said he was never provided with “meaningful access to the inaccurate information prior” to his firing that was “based on patently false information.”
This is disturbing news. The number of background checks prior to hiring has exploded recently. Additionally, the background checks are particularly inaccurate. Under the Fair Credit Reporting Act, employers are required to provide workers an opportunity to dispute alleged errors in background reports. But it can be difficult to detect. Prospective employees probably are not aware of mistakes that can cost them job offers. The employer is not required to tell them why they were not hired. They usually say “we found another candidate.” To read more, click here.
Larry SmithConsumer Rights Attorney at SmithMarco, P.C.Larry P. Smith is a consumer attorney and the founder and Managing Partner at SmithMarco, P.C. He has tried dozens of consumer rights cases to verdict and has arbitrated over 700 cases. Additionally, he has amicably resolved over 3,000 consumer fraud, Fair Credit Reporting Act and Fair Debt Collection Practices Act cases via settlement. Mr. Smith has been a guest on multiple radio outlets including WLS and WGN in Chicago providing consumer advice. Mr. Smith also provides leadership and delivers lectures to the National Association of Consumer Advocates, The National Consumer Law Center, and the Chicago Bar Association. Latest posts by Larry Smith (see all)
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