Finding out that you didn’t get a job because of a background check error in St. Charles can be frustrating and unfair. You might feel helpless or confused about what to do next. Employers often rely on background checks to help make hiring decisions, but these reports can contain mistakes. Whether it’s a criminal record error, wrong employment history, or an outdated address, the impact of incorrect information on a background check can be significant. If an employer denies you a job based on a false background report, it’s important to take action. Here’s what to do in this situation.
Understand Your Rights Under the Fair Credit Reporting Act
The Fair Credit Reporting Act (FCRA) is a federal law that ensures background checks are accurate and that you are treated fairly. This law applies to all background checks for employment purposes. If an employer uses a third-party service to conduct the background check, the FCRA requires that the information in the report be correct. If there’s an error that leads to a job denial, the law provides steps to dispute the incorrect information.
If an employer decides not to hire you because of something found on a background report, they must provide you with a copy of the report and notify you that the decision was based on it. This is typically done through a “pre-adverse action notice.” You are entitled to review the report and, if necessary, dispute any incorrect information.
Request a Copy of Your Background Report
As soon as you learn that a background check caused your job application to be denied, request a copy of the report from the employer. Employers are required to provide this information under the FCRA. Review the report carefully for any discrepancies. These could include:
- Criminal history errors: This could involve a record that isn’t yours or incorrect information about past charges or convictions.
- Employment history mistakes: Sometimes, companies or job titles are listed incorrectly.
- Address or identity mix-ups: Sometimes, background reports link your information with someone else who has a similar name or other personal details.
By reviewing the report, you’ll be able to identify exactly what the employer saw and how it impacted their decision. Knowing where the error is can help you take the next steps toward correcting it.
Dispute the Errors With the Reporting Agency
Once you’ve identified the errors on the background report, you need to dispute them. Under the FCRA, the background check agency that issued the report must investigate any dispute you file. The agency is required to complete the investigation within 30 days and provide you with the results. You can file your dispute online, by phone, or in writing, but it’s recommended to do so in writing so that you have a record of your communication.
When disputing errors, provide any supporting documentation that can help prove your case. For example, if the report lists a criminal conviction that doesn’t belong to you, you can provide court documents that show you don’t have such a record. Similarly, if the report lists inaccurate employment history, you can submit pay stubs, tax records, or letters from previous employers to clear up the misunderstanding.
After the agency completes the investigation, they will provide you with an updated background report. If the disputed information is found to be inaccurate, the agency will correct it, and you should receive a copy of the corrected report. Once this is done, you can go back to the employer with the updated background check.
Notify the Employer About the Discrepancy
If your job application was denied due to incorrect information on your background check, let the employer know that you’ve disputed the error and are waiting for the report to be updated. It’s essential to maintain communication with the employer and explain that the issue is being resolved. If the error was the reason for the rejection, most employers will be understanding and may be willing to reconsider your application once the mistake is fixed.
You can also provide the employer with the necessary documentation showing that the dispute is in progress or that the error has already been corrected. This could involve sending them a copy of the updated background check or any official documentation you’ve received confirming the correction.
Seek Legal Advice If Necessary
If the background report contains serious errors that aren’t being corrected or if the employer refuses to reconsider your application after the errors have been resolved, it may be time to seek legal advice. A lawyer can help ensure your rights are protected and can guide you through the process of holding the reporting agency or employer accountable. In some cases, if the errors on the background check were particularly damaging, you may be able to take legal action to address the harm caused by the false information.
Additionally, if you were denied a job due to a report containing information that is not legally allowed to be considered for employment, such as outdated criminal records or sealed expunged records, a lawyer can help you navigate the situation and protect your rights.
Know Your Legal Options If the Employer Violates the FCRA
In some cases, an employer might violate the FCRA. For instance, if they don’t provide you with a copy of the background report or a pre-adverse action notice, they may not be following the law. You can file a complaint with the Consumer Financial Protection Bureau (CFPB) or take legal action against the employer for failing to comply with FCRA requirements.
It’s also important to remember that the FCRA allows you to take action against the background check agency if they fail to provide accurate information or if they don’t resolve disputes promptly. You may be able to file a claim to address any damage caused by the inaccurate report.
Take Steps to Prevent Future Background Check Issues
Once you’ve addressed the current situation, it’s important to take steps to prevent similar issues in the future. You can start by regularly checking your own background report to ensure that it contains accurate information. You can request a copy of your report from the agencies that provide them. This will help you catch errors before they become problems when you apply for jobs.
Additionally, take steps to protect your personal information from identity theft or fraud. Sometimes, background check errors are the result of someone else’s actions. If you believe your identity may have been stolen or compromised, take immediate steps to freeze your credit and report any fraudulent activity.
Moving Forward After a False Background Check Report
Being denied a job because of an incorrect background check is frustrating, but it’s not the end of the road. By understanding your rights and taking the right steps, you can resolve the issues with the report and potentially get your job application reconsidered. Start by reviewing the background check, disputing any errors, and communicating with the employer. If necessary, seek legal help to protect your rights and ensure the situation is addressed properly. At Cook Law, we’re here to guide you through the process of correcting background check errors in St. Charles and advocating for your employment rights. Contact us today to discuss how we can help you move forward in your career.