BOBBY LEE MILES, JR. v. ONIN STAFFING, LLC

Case No. 3:21-cv-0275

Frequently Asked Questions

  1. What is this lawsuit about?

    1. This lawsuit is pending in the United States District Court for the Middle District of Tennessee. Bobby Miles, Jr. (the “Plaintiff”) sued Onin Staffing, LLC (“Defendant”) in this class action lawsuit (Miles, Jr. v. Onin Staffing, LLC 3:21-CV-0275) alleging that it violated the Fair Credit Reporting Act (the “FCRA”), 15 U.S.C. §1681b(b)(3), because it failed to provide applicants subjected to an adverse employment action, based in whole or in part on their consumer report, notice and a copy of the report before taking such action. Onin Staffing, LLC denies that it engaged in any wrongdoing, denies that it willfully violated the FCRA, does not admit or concede any actual or potential fault, wrongdoing, or liability in connection with any facts or claims that have been or could have been alleged against it in the lawsuit, denies that the claims asserted by Plaintiff are suitable for class treatment other than for settlement purposes, and denies that it has any liability whatsoever, but has agreed to a compromise settlement because of the substantial expense of litigation, the length of time necessary to resolve the issues presented, the inconvenience involved, and the disruption to its business operations with the continued litigation of the lawsuit.

       

      This “Class” is defined to include:

      All applicants and employees in the United States who were subject to and harmed by an adverse employment action (including, but not limited to, the failure to hire, wrongful termination of employment, wrongful dismissal, or wrongful reassignment) based in whole or in part on their background report but to whom Defendant did not first provide notice and a copy of the background report during the Covered Period from April 4, 2017 through March 23, 2022.

  2. Who are the Attorneys representing the Class and how will they be paid?

    1. Marc R. Edelman

      Morgan & Morgan, P.A.

      201 N. Franklin Street, 7th Floor

      Tampa, FL 33602-5157

      813-223-5505

  3. What rights am I giving up in this Settlement?

    1. Unless you exclude yourself from this Settlement, you will be considered a member of the Settlement Class, which means you give up your right to sue or file a lawsuit against Onin Staffing, LLC or its related entities regarding the legal issues that were raised or could have been raised in this lawsuit. Giving up your legal claims is called a release. The released parties collectively include Onin Staffing, LLC and its parent and related companies, direct or indirect affiliates, principals, and agents. You will be releasing these parties from all claims relating to the procurement of a background report when you applied for a job.

  4. If I chose to do so, how do I exclude myself from the Settlement?

    1. If you wish to be excluded, you must mail a written request for exclusion to the Settlement Administrator at: 

      Miles, Jr. v Onin Staffing Settlement Administrator

      PO Box 23668

       Jacksonville, FL 32241

      Your request for exclusion must be in writing and postmarked on or before August 29, 2022. The request must state: “I do not want to be part of the Class in Miles, Jr. v. Onin Staffing, LLC, 3:21-CV-0275. The request should be signed, with your name, address, and telephone number printed below your signature. The address you use should be the address to which this notice was mailed, so that you can be properly identified. However, if you have a new address, please inform us of the new address so we can make the change in the Class List.

  5. When and where will the Court decide whether to approve the Settlement?

    1. The Court will hold a Fairness Hearing on December 16, 2022, at 9 a.m. The hearing will be held in Courtroom 6B of the United States Federal Courthouse for the Middle District of Tennessee, 719 Church Street, Nashville TN 37203. At the Fairness Hearing, the Court will consider whether the proposed Settlement is fair, reasonable, and adequate. The Court will hear objections to the Settlement, if any. We do not know how long the Court will take to make its decision. In addition, the hearing may be continued at any time by the Court without further notice to you.

  6. Where can I get additional information?

    1. The notice you received is only a summary of the proposed Settlement of this lawsuit. Certain pleadings and documents filed in Court, including the Settlement Agreement, may be reviewed, or copied in the Clerk’s Office or by viewing the "Important Court Documents" button on this Website. You may also send inquiries to [email protected].