A background check can make or break a job opportunity. Employers rely on these reports to verify qualifications, review credit history, and check for criminal records. But what happens when an error appears on your background check and costs you a job? Disputing incorrect information is possible, but when companies fail to correct mistakes, legal action may be necessary. Knowing when to involve a lawyer can help protect your rights and your career.
Common Background Check Errors That Can Hurt Your Job Prospects
Background check companies gather information from multiple sources. This data can include criminal records, credit reports, employment history, and even driving records. Mistakes happen more often than people realize, and a single error can create major problems. Some of the most common issues include:
- Incorrect Criminal Records – You may be listed as having a conviction that does not belong to you. This can happen due to clerical errors, identity confusion, or outdated records.
- Inaccurate Credit Reports – Some employers check credit history as part of the hiring process. If your report contains false information, it could impact their decision.
- Mistaken Identity – If someone with a similar name has a criminal record or financial issues, that information may end up on your report by mistake.
- Outdated or Expunged Records – Some background checks include criminal records that were expunged or should no longer appear.
- False Employment or Education History – A background check may show incorrect employment gaps or missing degrees, even if you provided accurate information.
When an employer denies you a job based on inaccurate data, taking the right steps quickly is critical.
The First Steps to Fixing a Background Check Mistake
If you suspect an error on your background check, take immediate action to correct it.
Request a Copy of Your Background Check
Under the Fair Credit Reporting Act (FCRA), you have the right to request a copy of the background check used in your hiring decision. Employers must provide this report if they reject your application based on its contents.
Identify the Errors
Review the report carefully. Highlight any mistakes, including criminal records that are not yours, incorrect credit information, or misreported employment details.
Contact the Background Check Company
If you find errors, file a dispute with the company that created the report. Background screening companies must investigate and correct mistakes within 30 days. Be sure to provide evidence supporting your claim, such as court records, credit statements, or past employment verification.
Notify the Employer
Let the employer know that the report contained incorrect information and that you are disputing it. Some employers may hold the position open while the issue is resolved.
When to Hire a Lawyer for a Background Check Dispute
While some background check errors can be fixed through a simple dispute, others require legal intervention. If you find yourself in any of the following situations, it may be time to contact a lawyer.
The Background Check Company Refuses to Correct the Mistake
Under federal law, background check companies must investigate disputes and remove false information if proven incorrect. If they fail to do so, they are violating the FCRA. A lawyer can take legal action to ensure compliance and hold them accountable.
You Lost a Job or Job Offer Due to an Error
Employers make hiring decisions based on the information they receive. If a background check mistake caused a lost job opportunity, you may be entitled to damages. An attorney can help you recover financial losses and potentially reinstate your job application.
The Employer Did Not Follow Proper Hiring Laws
Employers must follow specific legal procedures when using background checks. If they fail to notify you of a negative decision based on a report, they are violating the FCRA. This could be grounds for legal action.
The Mistake Is Repeatedly Appearing on Your Reports
If an error keeps showing up even after multiple disputes, it could be a sign of systemic failure by a background check company or credit bureau. A lawyer can help put a stop to repeated inaccuracies and ensure your records are corrected permanently.
You Suffered Financial or Emotional Harm
Losing a job opportunity due to a background check mistake can have serious consequences. It may lead to financial hardship, emotional stress, and damage to your professional reputation. In some cases, legal action can provide compensation for these damages.
How a Lawyer Can Help with Your Case
Hiring an attorney can make a significant difference in resolving background check disputes. A legal professional can:
- File lawsuits against background check companies or employers that violate your rights
- Ensure false information is removed from your records
- Seek financial compensation for lost wages or emotional distress
- Hold employers accountable for unlawful hiring practices
- Negotiate with companies to restore your reputation and job eligibility
An experienced lawyer understands how to navigate these disputes efficiently, increasing your chances of a successful resolution.
Protecting Yourself from Future Background Check Errors
Even after resolving a dispute, it is important to take steps to prevent future mistakes.
- Monitor Your Credit and Background Reports – Request copies of your credit report and background check regularly to catch errors early.
- Freeze Your Credit If Necessary – If identity theft is a concern, freezing your credit can prevent unauthorized activity that may affect future job screenings.
- Know Your Rights Under the FCRA – Understanding your legal protections can help you take action quickly if errors appear.
- Keep Copies of Employment and Educational Records – Having documentation on hand can help you dispute false information more efficiently.
Reach Out to Cook Law
Background check errors can cost you job opportunities and damage your professional future. While disputes can sometimes be resolved through direct communication with background screening companies, there are times when legal action is the only way to fix the problem. If a mistake on your background check is preventing you from getting hired and the responsible parties refuse to correct it, a lawyer can help protect your rights and fight for the resolution you deserve. Reach out to Cook Law and let us help you navigate the process to ensure your records are accurate moving forward.