How to Deal with Employee Background Check Errors

An error on your background check or employment report can spell doom when you apply for a job. Most employers perform background checks on prospective hires, but the information they receive may contain multiple inaccuracies, including:

? The preparer’s improper due diligence resulted in mixed files containing information about another person who has a similar name

? Obsolete information that should have been removed from your background check

? An incorrect credit, employment, or criminal record

? Mistaken or stolen identity

An Incorrect Background Check Can Deny You Employment

When a background check company gets your identity wrong, conflating it with someone else’s, you suffer the undeserved consequences of a company’s sloppy due diligence process.

Even if it gets your name right, a background check company can still make devastating errors, such as falsely assigning a criminal history or financial transgressions to you. In fact,

background check errors harm thousands each year. Imagine the damage you’ll suffer if you’re mistakenly identified as a deadbeat borrower or sex offender.

Your Rights Under the FCRA

Thankfully, you have the right to fight back against erroneous background information, thanks to federal laws such as the 1970 Fair Credit Reporting Act (FCRA). Under the FCRA:

? You have the right to be told if a background check or employment report has been used against you (i.e., to deny you a job, housing, credit, etc.).

? You can receive a copy of the background check file

? An employer must get written consent from you before pulling your credit report. Some states do not allow employers to pull credit reports as part of a background check.

? You can dispute incorrect, unfair, or expired information on your background check.

? You can freeze your credit reports, ensuring your control over who can receive one.

? You have the right to sue the background check provider when it violates the FCRA.

You may be entitled to damages when an inaccurate background check prevents your hire.

You Can Dispute Mistakes in Your Background Check

You can dispute errors on your background check. Most companies providing these checks have a website area that lets you submit a challenge to incorrect information on your background check. Typically, you fill out and submit an online form and copies of any supporting documentation. Never send original documents. If you prefer, you can lodge a dispute over the phone or by mail.

Each challenge should contain the following:

? Information about yourself, including any account numbers for the items under dispute

? A description of the items under dispute

? The reason for your dispute

? A detailed explanation of your reasoning, backed by supporting documents and other evidence

The Consumer Financial Protection Bureau offers sample templates to help you file disputes.

Time Frame for Background Check Disputes

Under the FCRA, background check companies and employment reporting agencies have 30 days to accept or deny your dispute. They will send you a communication confirming their decision. You have the right to appeal unfavorable decisions. You also have the right to sue.

Background Check Errors Harm Thousands of Workers

There is a lot of information about you floating around the internet and in many databases. We know employee background check errors harm thousands. These errors can cause real hardships, such as the inability to land a job or get a loan.

Using a Law Firm for Background Check Errors

Who can you turn to if an incorrect background check or employment report is used to deny you a job, credit, or housing?

Luckily, there are law firms that provide consumers like you with the legal assistance you need to resolve cases in which incorrect background checks or employment reports have resulted in damages.

They can help you discover if you have a legal case due to errors in your background check. Usually, you just fill out an online case review form or call for a free consultation. Use a firm in which you don’t pay anything out of pocket, and only pay a fee if you win your case.