We ran across an interesting court case involving a dental firm and a mysterious background check. The company is facing a class action lawsuit for allegedly suspending an employee based on a background check she never saw.
The employee worked for dental staffing firm from 2022 to 2025, holding a perfect 5-star rating, according to court filings. Suddenly, in June 2025, her account was suspended. The reason was due to information in a background check she claims she was never given a chance to review.
The employee promptly filed suit in U.S. District Court, alleging the dental firm violated the Fair Credit Reporting Act (FCRA) when it took adverse action against her without providing a copy of her report or informing her of her rights under federal law.
The case puts a spotlight on general compliance issues that continue to cause problems for employers, no matter the industry. Simply put, the FCRA has strict guidelines involving background checks and adverse employment decisions.
Employers who use consumer reports for hiring and termination decisions must provide an employee with a copy of the report and a summary of their rights well before taking action. This gives people a chance to review the information and dispute any errors before losing a job opportunity.
The employee says this never happened. According to court files, she completed an authorization form for a background check through a consumer reporting agency. Two days later, she received an email stating her account had been suspended. The employee claims the report is inaccurate and creates a false picture of her. She learned how to obtain a copy only after hiring an attorney.
The dental firm is a large company, placing over 10,000 dental workers each month. It has not yet responded to the allegations.
The lawsuit represents three classes of workers. The first covers those who faced adverse action without receiving reports beforehand. The second includes employees whose reports were obtained without authorization. And the third includes employees the firm made false certifications to the background check agency about its intent to comply with the law.
The lawsuit could be costly, involving thousands of workers, with damages ranging between $100 to $1,000 per violation. The case is a reminder that FCRA requirements can become expensive liabilities when ignored. Such procedural mistakes are easily remedied with consistent policy. Remember, never skip the pre-adverse action notices and be patient before moving from background check to termination. Otherwise, you could have a real toothache on your hands.