Understanding the Consequences – Cook Law, LLC
A background check is a screening process of a potential employee. It is requested by the employer as a part of the process of hiring a candidate. A background check is usually conducted prior to the appointment but it is not strange to be done during employment.
There is certain protection for job applicants. Before running any background check, an employer has to obtain written permission from a candidate to do so. If anything found in a background report is the reason for not hiring a candidate, the employer is required to inform the candidate and provide them with a copy of the report.
But what happens if the report contains inaccurate information?
What if your name is the same as the name of some convicted felon and your criminal record background check is mixed up with that felon? What if these inaccuracies are the reason, you didn’t get a job?
What shows up on a background check?
Your potential employer may look into a number of facts about you when running a background check. It is the employer that decide what type of background check will be done. Almost all employers check your employment history, credit history, driving records, and criminal records.
Also, the employer will check records for your identity verification. These are the most common checks. Employer typically outsource to companies having access to various databases such as criminal records, credit reports, medical records, police records, and more.
Companies comply with the Fair Credit Report Act. As a job applicant, you have certain rights provided by this federal law. When doing background checks companies attempt to gather relevant information on the applicant from past employer, universities, federal and government departments.
The accuracy of the data contained in the report is crucial. Negative information in a background report can be the reason for not getting a job or being denied housing if the landlord runs the background check. About 95% of employer run some type of background check on their potential employees.
So, make sure your potential employer will seek your identity verification, review your criminal record, credit report, and motor vehicle report. Potential employer usually want to see clarification of previous employment.
All these records may contain some red flags for employers. It is usually criminal records that concern employers the most. But any derogatory marks in your background check report may help employers to decide to decline you. Sometimes this kind of negative information from your reports can be inaccurate, mistaken, or simply mixed up.
If your background check report contains errors, according to the FCRA you have the right to dispute those errors with the background check company.
What Can Go Wrong with a Background Check?
The most common background check errors are:
- Incorrect and inaccurate information in background check criminal reports. Sometimes, by mistake, a misdemeanor could be reported as a felony. Another common mistake is incorrect disposition information.
- Mixed up identities, when someone else’s reports are mistaken as your own. Such an error in your background check report indicates identity theft. The problem might be your information in the government’s databases.
- Information that no longer may appear in your reports is contained in your background check. In the state of Missouri, background check companies are not allowed to report negative information on consumers that are older than seven years. It is the same with arrests and similar with bankruptcies. Criminal convictions are an exception. Outdated information in your background check is considered an error and may be disputed.
If any of these errors occur in your background check report, do not ignore them. The first step to tackle this problem is asking a potential employer or background check company that puts together a report, to provide you with a copy of your background check.
Thoroughly review the report to identify any inaccurate information. Background check companies retrieve information for those reports from federal, state, and counties records. Sometimes the flawed information is provided by government agencies.
No matter where the source of incorrect information comes from, be it a background check company agency, the FCRA (Fair Credit Reporting Act) provides you with the right to dispute any error on your background check.
What Is Enough for an Incorrect Background Check Lawsuit
Background check companies are required by the FCRA to reinvestigate any disputed information within 30 days. Most of the background check companies have a form on their websites to dispute any information from your report.
It is rather easy and simple to fill out the form and submit any evidence you consider proof to your dispute. You can do it by mail as well. The background check company is required to inform you about the results of your dispute investigation.
The FCRA provides you, also, with the right to be notified if a background check report is used against you. You are entitled to a copy of your background check report. Of course, a potential employer must have your written consent, to run any type of background check. If any of these rights provided by the FCRA are violated, you may sue a background check company that put together your report.
If a background check company has failed to comply with the FCRA you may have enough material for an incorrect background check lawsuit for damages caused to you by erroneous information reported in your background check. The damage can be lost wages due to lost employment but also emotional distress.
The Importance of Third-Party Verification in Background Checks
Third-party verification refers to the process of having a neutral third party, such as a consumer reporting agency, verify the information in a background check. This helps ensure the maximum possible accuracy of the report, which is essential to making informed decisions.
When conducting a background check, it’s important to be aware of the potential for inaccuracies. A simple mistake or false information could lead to an inaccurate background check, which could ultimately result in a legal claim.
Employer should consider offering a free case review to applicants who may have concerns about their background check results.
Additionally, inaccurate background check can also result in a violation of a person’s rights, particularly when it comes to employment. It’s crucial to ensure that all information provided is accurate and up-to-date.
Credit bureaus and reporting agencies play a significant role in the accuracy of background, and it’s important to work with reliable and trustworthy agencies. Employer should also be aware of the potential for inaccurate background checks and should have procedures in place to address any inaccuracies that may arise.
Attorney’s Evaluation Is Free of Charge
If you have identified an error in your background check report, the most elegant move is to consult an experienced lawyer to evaluate whether or not you have a legal claim. Most of the attorneys that deal with violations of FCRA will review your case for free.
It is a good deal. If mistaken information reported in your background check caused you any damage, like being prevented from hiring or being fired, you are entitled to financial compensation.
Do you need to hire a lawyer for the incorrect background check lawsuit? The answer is yes.
You might think it is an easy way to get some money from monetary compensation when the damage is done to you. But it is not. For the incorrect background check lawsuit, you need help from a lawyer with a high level of expertise in the matter of the FCRA. It should be someone who has dealt with people in a situation like yours hundreds of times.
It doesn’t have to be frustrating and time-consuming to deal with errors and mistakes in your background check. Our lawyer will evaluate your case free of charge.
If there are enough facts for an incorrect background check lawsuit, you don’t have to pay for the services in advance, and the lawyer will get paid only if the lawsuit is successful, and after you get paid for damages.
This sounds reasonable and there are no hidden costs for you. Do not risk getting your background check corrected by yourself. Hire a lawyer and get peace of mind in this unpleasant situation.