The Settlement provides non-monetary and monetary benefits for Settlement Class Members.
First, Aerotek has agreed to allow eligible Class Members who do not opt out of the Class to participate in the Aerotek Community for a period of three (3) months from the “Effective Date” of the settlement (30 days after all rights to appeal the judgment and settlement are exhausted). The Effective Date was August 25, 2017. Participation allows such eligible Class Members access to, among other things, substantially more open requisitions with Aerotek clients that are not advertised publicly by Aerotek on its public-facing website, as well as assistance with resume drafting. If you received a settlement check, you may access the Aerotek Communities Job Board from August 25, 2017 to December 3, 2017 at: https://jobaccess.aerotek.com.
Second, Aerotek will provide a settlement fund of $15,000,000. This money will be divided among the approximately 588,000 eligible Settlement Class Members, and will also be used to pay for any Court-approved attorneys’ fees, Class Representative awards, and administration costs.
The exact amount each eligible Settlement Class Member will receive will depend on the amount of fees, awards and costs, as well as the number of eligible Settlement Class Members participating in the settlement.
The amount will also depend on the claim category of each eligible Settlement Class Member. There are three claims categories in this case:
(i) The 1681b(b)(2) Category includes all Settlement Class Members for whom Aerotek’s records indicate that the background check Aerotek obtained on the Settlement Class Member was designated as “favorable”.
(ii) The 1681b(b)(2) Adjudicated Category includes any member of the class to whom Aerotek’s records indicate that a pre-adverse action notice letter was sent; and
(iii) The 1681b(b)(3) Category includes class members who were placed on Aerotek’s payroll, designated by Aerotek’s HRIS system as having separated for failing the background check, and were sent a pre-adverse action letter within 30 days of termination.
Although the exact amount will vary depending on the amount of attorneys’ fees, Class Representative awards and administration costs, it is expected that eligible Settlement Class Members in the 1681b(b)(2) Category will receive $12.21; eligible Settlement Class Members in the 1681b(b)(2) Adjudicated Category will receive $20.39; and eligible Settlement Class Members in the 1681b(b)(3) Category will receive $73.26.
The Postcard Notice you received indicated if Aerotek’s records showed you to be in the 1681b(b)(2) Category, the 1681b(b)(2) Adjudicated Category, or the 1681b(b)(3) Category. If the Postcard Notice you received said you were in a particular category and that is not correct, you have the opportunity to submit documentation to potentially receive an increased settlement amount. You must send a letter to the Settlement Administrator via mail to Moore v. Aerotek, Inc. and Rubio-Delgado v. Aerotek, Inc., c/o Settlement Administrator, 1801 Market Street, Suite 660, Philadelphia, PA 19103, which states that you received an unfavorable background check and either: (A) you were refused employment as a result, or (B) you WERE terminated after hiring by Aerotek. You must include the basis of your knowledge and submit any supporting documentation you have. This letter and documentation must be submitted by May 15, 2017. Aerotek will be able to challenge your certification. You will be notified if Aerotek challenges your certification and you will be given the opportunity to respond.
Please click here to view a Sample Claims Certification Letter.
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