Waffle House Must Face Class Employment Claims

A class action claiming Waffle House didn’t hire prospective employees based on false information garnered from background checks, will proceed, despite Waffle House trying to shut the case down. Lead plaintiff William Jones attempted to get a job at a Waffle House in Ormond Beach, Florida in December 2014, and claims the defendant restaurant chain violated the FCRA because it procured a background report from defendant The Source for Public Data, L.P, without taking adequate steps to make sure the information reported was accurate. Jones claims that Waffle House refused to hire him based on the information about supposed criminal convictions, despite it being false. Waffle House and Public Data moved to dismiss the lawsuit for lack of standing. U.S. District Judge Roy Dalton, Jr. tossed Waffle House’s motion holding that “as a general rule, ‘federal claims should not be dismissed on a motion for lack of subject matter.

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