A recent article in the San Francisco Business Times discussed whether or not to file a Trans Union lawsuit. The dispute in point involves whether or not an employer has a duty to make determinations regarding the health of an applicant prior to employment. According to the article, California law already requires an employer to consider the potential for health issues before employing a prospective employee. Therefore, according to heafner, the burden of proof shifts to the applicant.
Heafner further contends that the determination of whether or not an applicant is eligible for employment should rest with the employer and not with the state courts. As stated above, FEB 20 asked all U.S. employers to determine their eligibility requirements for FEB 20 waivers. The San Francisco business lawyer recommends that applicants familiarize themselves with the requirements of FEB 20 as well as any applicable statutes and ordinances, including those in San Francisco. Heafner further suggests that applicants should contact their local Division of Labor and Employment Services for more information on the rules applicable to their city. In addition to assisting applicants understand the laws regarding San Francisco, FEB 20 requires employers to provide a copy of their existing policies for review on a timely basis.
In light of this new development, FEB 20 has requested that all agencies retain a template that they can provide to applicants when they file their initial reinstatement request, along with a copy of any and all substantiated disputes they have with the Division. The State of California recognizes that many of the questions regarding San Francisco’s lawsuit process have already been addressed in previous administrative decisions. However, the State of California is advising applicants that they may wish to consider contacting a private attorney in order to learn more about the steps involved in pursuing a lawsuit against an employer who refused to participate in a no credit grantor’s debt consolidation program. In this regard, the San Francisco Business Regulations Regarding Credit Union Litigation provides:
“If an employer has chosen not to participate in a debt consolidation program, the refusal must be explained to the applicant. Specifically, the applicant needs to be provided with information about how a denial impacts his or her credit score. He or she may also be asked to provide documentation that helps show why the decision was based in part, if not wholly, due to the applicant’s poor financial decisions. If the applicant has previously been denied a loan, the denial will appear on his or her credit report in the future; similarly, if he or she has been turned down for insurance, the denial will appear on his or her insurance report in the future. Similarly, if he or she has been a plaintiff in a discrimination lawsuit, the denial will appear on the consumer’s credit report.”
The San Francisco Business Regulations Regarding Credit Union Litigation further explains that, in the event that you are a plaintiff, and if the Union fails to respond to your complaint within a reasonable time period, you have the right to file a lawsuit against them. The lawsuit must be filed with the Office of the Attorney General in Sacramento. Once you file the lawsuit, the Union has to file their own lawsuit against you in a federal court. Once the lawsuit is filed in a federal court, it gives you the right to ask for a temporary restraining order (TRO), which tells them to stop enforcing the debt collection until the lawsuit is over.
If you’re a defendant in a TransUnion, Wells Fargo Commercial Loan or Bankrate lawsuit, you must hire a lawyer who is very familiar with California civil litigation laws. You must also hire an attorney who is very familiar with Wells Fargo Commercial Lending and Bankrate guidelines, as well as the Deficiency Deterrence (DCD) Act. You can contact me at anytime, as this article may be republished without approval from your website as long as the resource box and link remain intact. However, please note that this article is not intended to be used as legal advice and should not be used as in place of such information.