Burger chain grilled over background check practices

Five Guys is facing a potential class-action lawsuit from a former employee who claims several of the company’s background check practices violate the federal Fair Credit Reporting Act and California state laws.

The suit claims Five Guys routinely procured background and credit information on potential, current and former employees and used the information to make hiring decisions without providing individuals with the necessary disclosures required by the FCRA and California’s Consumer Credit Reporting Agencies Act and Investigate Consumer Reporting Agencies Act.

The plaintiff in the case is seeking to establish several classes and subclasses that would include an FCRA class of all current, previous and prospective employees of Five Guys throughout the U.S. over the last five years.

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.

Source:, 6/5/2017

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