Dallas, TX: An employment class action lawsuit has been filed against Michaels Stores Inc, on behalf of certain current employees and online job applicants, hired or not, based on allegations that Michaels violated their privacy rights. The lawsuits are in connection with background or consumer reports obtained through Michaels' online application for employment.
The lawsuit alleges it is unlawful for an employer, like Michaels, to procure a background report concerning a job applicant or employee unless a "clear and conspicuous"disclosure is made in a stand-alone document that "consists solely of the disclosure"informing the applicant or employee that a report may be obtained for employment purposes.
A class action complaint was originally filed in the United States District Court Northern District of Texas in January, and the case has been subsequently transferred to multi-district litigation in the United States District Court District of New Jersey for pre-trial proceedings.
Cases were originally filed in Texas, Missouri, and New Jersey. On March 26, 2015, a panel of seven federal judges reviewed the cases and ordered that all pre-trial matters be heard by one judge.
Under the applicable law, statutory compensation is available to those whose privacy rights have been violated. Plaintiffs are represented by Jamie McKey at the Kendall Law Group.
