Legal Question in Employment Law in Utah

Employment credit prescreening and damages?

Hello,

I applied for a job with a call center in November. I did fill out an acknowledgement at that time that a consumer report would be obtained.

My credit is ''less than stellar''.

Assuming everything was fine, I was hired and started training Dec. 1.

Approx. 2 weeks into the training, I was notified by my trainer that I was being placed on suspension because of my credit report. HR then told me that there were errors and conflicting information, and that I was suspended until the issues were cleared. I never received a adverse action letter, or a copy of my credit report at that time. I was told I would be called once a decision was made.

On Jan. 8 I called HR and I was told that I was fired on Jan. 3 because my report had adverse information in it. I then later received an adverse action letter (on the signature and date lines ''Employee was on suspension'' was written) and a copy of my credit report, which has errors.

Because the report has errors and I didn't get any notification or reports when the suspension first occurred,the fact that many people were told this information and were not involved, are there any damages that I could recover?


Asked on 1/20/03, 3:29 pm

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Employment credit prescreening and damages?

You cannot get damages for being terminated because of your credit report. Utah employees can be discharged at will within 90 days of employment.

If your credit report was shown to people other than the necessary HR personnel you can sue for violation of your rights to privacy. It is not likely that you would win significant damages unless you can prove damages.

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Answered on 1/20/03, 11:39 pm


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