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Background check issue leads to employment lawsuit against FedEx

On Behalf of | Apr 15, 2021 | Employment Law, Logistics Industry

In New York and across the United States, many companies have a basic requirement for a background check. Although this is customary and most accept it, there are certain rules that must be adhered to by the company to avoid violating a person’s rights. In cases where there was a failure to adhere to the law regarding background checks, there may be an employment lawsuit. This is frequently analyzed from the viewpoint of a person who claims to have been wronged, but companies should be legally protected if there are accusations and legal claims.

Alleged background check violation sparks lawsuit against FedEx

A man who was seeking a job at FedEx Corp. claims that the company erred in its background check process and broke the law. The man applied to be a package handler in November 2020. As part of the application, he approved to the company conducting a background check. He stated that he does have a criminal record. However, that should not have been relevant based on New York’s Fair Chance Act.

According to the law, companies cannot ask about a potential employee’s criminal history until a conditional job offer has been made. After the offer, it is legal to ask about the criminal history. For it to be applicable to the offer, there must be a link between the job description and the criminal history or the job itself must be based on public safety.

Companies should understand the law for background checks

The law for background checks might be confusing even for large companies with extensive experience with employment law. Smaller businesses likely have a greater propensity to face issues with mistakes made during background checks and other areas of the hiring process. It can be costly and problematic for companies to have allegations of wrongdoing with their employees, prospective employees and former employees. There can be a negative perception, financial expenses and more.

Combating allegations of legal violations may require legal guidance

The law in New York regarding background checks is relatively new and any company might have issues with it. In this case, a man who sought a job claims that FedEx did not follow the law for background checks with people who have criminal records. There is now employment litigation because of it. Regardless of the circumstances, it is wise for companies large and small to have guidance. A firm with experience in representing and defending businesses might be able to help.