Applying for a new job can be stressful enough without having to worry about what might turn up in your background check. Most employers use background checks to help them make decisions about whether to hire someone. They rely on this information to assess a candidate’s trustworthiness, reliability, or suitability for a position. But what happens if the report they’re looking at contains mistakes? Can an error on your background check actually cost you the job? Read on and reach out to a knowledgeable background check error lawyer from Cook Law to learn more. Here are some of the questions you may have:
How do background check errors happen in the first place?
Background check errors happen more often than many people realize. These reports are typically generated by third-party companies that gather data from various public and private sources. Unfortunately, during this process, mistakes can occur. Someone else’s criminal record could get attached to your name because of a similar name or date of birth. There might be outdated information that should have been removed years ago. A charge that was dismissed or a case where you were found not guilty could still appear as if you were convicted. Even simple clerical errors, such as a misspelled name or an incorrect Social Security number, can cause major problems.
These mistakes can paint an unfair and inaccurate picture of who you are. And while the Fair Credit Reporting Act (FCRA) provides protections for consumers, it doesn’t prevent errors from happening in the first place. The law does, however, give you the right to dispute incorrect information and have it corrected.
Can an employer legally reject me based on inaccurate information?
An employer can legally decide not to hire you based on information in a background check, but only if they follow certain procedures. If the background check contains errors and the employer relies on that information to deny you the job, they could be violating your rights under the FCRA. Before taking any adverse action, such as revoking a job offer or declining to hire you, the employer is required to provide you with a copy of the background check report and a summary of your rights under federal law.
This gives you the chance to review the report and dispute any errors before the employer makes a final decision. If the employer fails to do this and denies you employment based on incorrect information, you may have grounds for legal action. A consumer protection attorney can help you understand your options and determine whether your rights have been violated.
What should I do if I lose a job opportunity because of a background check error?
If you believe that a background check error cost you a job, it is important to act quickly. Start by requesting a copy of the background report from the company that prepared it. Review it carefully and identify any inaccuracies. You can then submit a dispute to the background check company, and they are required by law to investigate your claim, usually within 30 days.
At the same time, it can be helpful to consult with a lawyer who handles consumer rights and background check error cases. An attorney can guide you through the dispute process and may be able to help you recover damages if you suffered financial harm because of the error.
Ultimately, no one should lose out on a job because of a mistake they didn’t make. If you were denied a job because of a background check error, Cook Law is here to help. Contact our firm today.
