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SUFFERED A JOB DENIAL OR PROMOTION DENIAL BASED ON INACCURATE BACKGROUND CHECK INFORMATION?

The Federal Fair Credit Reporting Act (FCRA) requires that anytime an employer makes a decision to not hire an applicant due to results of a background check, the employer must provide the applicant an opportunity to dispute the findings.

The employer has the legal responsibility to provide the applicant with what is called an “adverse action notice”.  This notice explains the applicant’s rights under the FCRA if the employer decides to take an action determined to be “adverse”.  An “adverse action” constitutes a decision of the employer to not hire, promote, retain or reassign the applicant based on the results of a background check report.

The “adverse action notice” must be delivered to the applicant before the adverse action is actually taken.  This procedure is intended to provide the applicant with a copy of the background check report and “A Summary of Your Rights under the Fair Credit Reporting Act”.

By requiring the notice and report to be provided before the action is actually taken, the intent is to allow the job applicant a reasonable amount of time to contact the background check agency to dispute any inaccurate information in the report.

Our office has recently filed a class action lawsuit against HKA Enterprises, LLC for failing to comply with these requirements of the FCRA.  HKA Enterprises utilized information contained within a background check report to not hire our client, but it failed to provide the required adverse action notice and a copy of the report to our client.  Please review the Complaint by clicking HERE.

If you have suffered a similar set of circumstances, please do not hesitate to contact our office for a free and confidential consultation to determine whether your rights have also been violated in such a way.

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DISCRIMINATION IN THE WORKPLACE CANNOT BE TOLERATED

California anti-discrimination laws are very strong, and they make it illegal for an employer to take adverse employment action against you if you are a member of a protected class, or category of persons.  In general, it is unlawful to discrimination against an employ based on gender, sexual orientation, race, ethnicity, religious beliefs, and other protected categories.  Disabilities also entitle employees to protection and reasonable accommodations, whether the disability be a physical or cognitive disability or pregnancy.

Discrimination may take many forms, including being denied a job, terminated from a position, demoted, denied a promotion, or assigned to a position that is not as favorable or financially lucrative as another position to which you qualify.

Our office has recently filed two discrimination-based cases.  In one case, our client alleges that Miles Preservation, Inc. discriminated against her due to her status as a pregnant and expecting mother.  The allegations of discrimination include terminating her before her pregnancy leave date began, which is a mandatory right for all women to exercise without fear of retaliation.  You can read the complaint by clicking HERE.

In another, more recent case, our client alleges that Pipeline Carriers, Inc. discriminated against him for suffering a cognitive disability, refused to grant him reasonable accommodations, and refused to grant him proper medical leave.  Even though our client had a doctor’s note mandating that he remain off work for a specified period of time, the company considered him to have “abandoned” his job and terminated him and refused to accommodate his request for medical leave.  You can read this complaint by clicking HERE.

If you or a loved one feel that you have suffered discrimination or retaliation for simply being a member of a protected class, or for suffering a disability, please do not hesitate to contact us for a free and confidential consultation to discuss whether your rights have been violated.

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TAKING ON HEALTH NET FOR ALLEGATIONS OF INSURANCE BAD FAITH

On September 17, 2018, our firm took over representing two out of many drug and alcohol treatment centers who allege they were taken advantage of by Health Net in being falsely denied claims for treatment being provided to recovering addicts. After passage of the Affordable Care Act, substance abuse treatment became an essential health benefit required to be included in individual health plans. Health Net began to offer better benefits for such coverage than its rivals and committed to paying reimbursement at a rate of 75% of the billable amount. At some point, however, in 2015 and 2016, Health Net began denying all claims across the board from any and all substance abuse treatment facilities. Health Net began to deny all claims as suspicion of fraud, and swept all such claims into the Special Investigation Unit and demanded burdensome amounts of records to justify payment.

Even though Health Net would initially provide preliminary authorization for such claims, which would then result in the facilities accepting the patients and beginning treatment with the understanding that their treatment would be reimbursed at the 75% billable rate, Health Net then began denying all claims en masse under the guise of suspected fraud. Curiously, however, this all came at a time when Health Net was being purchased by Centene for $6.3 billion, which has resulted in the suspicion that Health Net was simply trying to make itself appear more profitable on paper during the acquisition by Centene. Eventually, Health Net began to remove treatment facilities out of the SIU, but then implemented a policy to only pay reimbursement at the Medicare rate of 8% of the billable amount. Sadly, this has resulted in many facilities being forced out of business and turning their drug addicted patients away without any further meaningful hope for treatment.

While Health Net continues to deny it engaged in any wrongdoing, it appears the California Department of Insurance for one disagrees with Health Net’s position. The CDI has pursued enforcement actions against Health Net, and in so doing has alleged that Health Net engaged in “unfair or deceptive” business practices by failing to settle provider claims fairly in which its liability “had become reasonably clear.”

For more information and a more detailed summary of the history of these issues, feel free to read the LA Times Article from December 6, 2017, by Michael Hiltzik, by clicking HERE.

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