Burger Chain Faces FCRA Class Action Lawsuit Over Background Checks

FCRA-graphic

Written By ESR News Blog Editor Thomas Ahearn

A potential class action lawsuit brought by a former employee against Five Guys claims the popular burger chain violated the federal Fair Credit Reporting Act (FCRA) and California labor law by conducting background checks on employees without properly notifying them, according to a report from BigClassAction.com.

BigClassAction.com reports that the plaintiff, Jeremy R. Lusk, claims Five Guys “regularly secured credit and background reports on employees, conducted background checks on potential, current, and former employees, and used this information to make hiring decisions without providing clear disclosures.”

Lusk claims that Five Guys violated the FCRA – which promotes the accuracy, fairness, and privacy of consumer information contained in the files of consumer reporting agencies – and California’s Consumer Credit Reporting Agencies Act (CCRAA) and Investigative Consumer Reporting Agencies Act (ICRAA).

BigClassAction.com reports that Lusk seeks to represent several classes, including an FCRA class of all current, former and prospective employees in the United States over the last five years and ICRAA and CCRAA classes of California workers and applicants within the last five and seven years, respectively.

The case is Jeremy R. Lusk v. Five Guys Enterprises LLC et al., case number 1:17-cv-00762, in the U.S. District Court for the Eastern District of California, Fresno Division. The complete article is available at www.bigclassaction.com/lawsuit/five-guys-burgers-employment-class-action-lawsuit.php.

NOTE: Employment Screening Resources® (ESR) reminds readers that allegations alone made in class action lawsuits are not proof that a business violated any law, rule, or regulation.

ESR WHITEPAPER ON FCRA LAWSUITS

Employment Screening Resources® (ESR) founder and CEO Attorney Lester Rosen has written a whitepaper entitled “Common Ways Prospective or Current Employees Sue Employers Under the FCRA” that is available at www.esrcheck.com/Whitepapers/Ways-Employees-Sue-Employers-Under-FCRA/.

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