A worker claims Aerotek Inc. and Allegis Group Inc. violated the Fair Credit Reporting Act when they kicked him off the job based on inaccurate information in a background check without first providing the worker with a copy of the report.

Michael Craig Mitchell sued Aerotek and Allegis in federal court in Maryland in a lawsuit that seeks class action status.

Mitchell, a Kansas resident, sought employment at Aerotek in October 2012 and was submitted for a job at United Health Care, according to the complaint in the lawsuit. However, Mitchell was told orally on Nov. 30 he could not return to work at United Health Care because of his background. The suit also says it wasn’t until Dec. 7, 2012, that Aerotek sent a notice along with the copy of the background check report.

Mitchell’s background check reported two felonies and three misdemeanors in addition to information that belonged to two unrelated people, according to the complaint. Mitchell has no criminal history and has never been arrested or charged with a crime. The plaintiff disputed the criminal information, and it was corrected on Dec. 31, 2012, by the consumer reporting agency that sold the report to Aerotek. However, the lawsuit says Aerotek never re-hired or contacted the plaintiff.

The law allows employers to take adverse action but must first provide to the worker a copy of the report and a description in writing of his or her rights, according to the lawsuit. However, the defendants typically do not provide workers with copies of reports before taking adverse action, it said.

Mitchell’s lawsuit seeks statutory damages and punitive damages.

"A centerpiece of Aerotek’s values is the integrity of our recruitment and placement process," according to a statement from the company. "We are committed to being the staffing company of choice for customers, employees and contractors. Part of that commitment is full compliance with applicable laws at the federal, state and local levels. We are currently investigating the matter, and we are optimistic about coming to a fair resolution."

An article by Gauri Punjabi of law firm Mintz Levin argues companies should take a close look at this case because FCRA actions can quickly add up. Such actions are on the rise.

The lawsuit is Michael Craig Mitchell vs. Aerotek Inc., 1:14-cv-03691-WMN.