Errors on employment background checks are more common than many people realize. When a report includes false criminal history, outdated information, or someone else’s record, the consequences can be serious.
You May Have a Case If:
- The information on the background check was inaccurate
- You reported the problem in situations where a dispute was required
- The error was not corrected
- You lost a job, had a start date delayed, or suffered another employment-related harm
Request a free case review to find out whether you may have a claim.
Did an Error on a Background Check Cause You to Lose a Job?
Many employers use background checks and pre-employment screening reports before a person can begin work. A problem on that report can delay the hiring process, lead to a job offer being withdrawn, or even affect someone who is already employed.
If an employment background check contains inaccurate information and that error affects your job, the background check company may be responsible for the harm it caused.
Common Employment Background Check Errors
An employment background check error can involve false, misleading, incomplete, or outdated information that should not have appeared on your report.
Employment background check error examples include:
- Criminal charges or convictions that do not belong to you
- Someone else’s record appearing on your report because of a mixed file
- Expunged or sealed records still being reported
- Outdated information that should no longer be included
- Incomplete reporting that creates a misleading impression
Can an Employment Background Check Error Cost You a Job?
Yes. If a background check contains inaccurate information, it can cause an employer to deny employment. These cases can be especially damaging because they may affect your income, your reputation, and your future opportunities.
Common Employment Situations Involving Background Check Errors
- A job offer is withdrawn after the report comes back
- An employer delays hiring because of incorrect information
- An employee is suspended, terminated, or denied advancement because of false information
- For rideshare and delivery drivers your account may be deactivated
When Does a Background Check Error Become a Legal Issue?
Not every background check mistake automatically becomes a legal case. In many situations, the problem must first be reported so the background check company has an opportunity to investigate and correct it.
Employment background check cases are often strongest when:
- The report contained inaccurate information
- The mistake caused real harm, such as a lost job opportunity or employment delay
- The company failed to correct the problem
Some cases may still be actionable even when a dispute was not filed first, particularly when the harm has already occurred. The specific facts matter.
If this situation sounds familiar, you may have a case.
Request a free case evaluation to find out what your options may be.
Incorrect Criminal History on an Employment Background Check
False criminal history is one of the most damaging types of background check error. A report may incorrectly suggest that you have a criminal record, that a record is more serious than it really is, or that someone else’s criminal history belongs to you.
Mixed files are a common cause of these problems. A background check company may match records to the wrong person because of similar names or incomplete verification practices. In other cases, old or poorly maintained databases lead to false reporting.
What Are Your Rights Under the Fair Credit Reporting Act?
The Fair Credit Reporting Act gives consumers important rights when employment background checks are used against them.
- You must be notified when an employment report is used against you
- You are entitled to receive a copy of the report
- You have the right to dispute inaccurate information
- Background check companies generally have 30 days to investigate and correct disputed errors
- Employers must obtain permission before running many employment background checks
- You may have the right to pursue a claim when inaccurate reporting causes harm
How Do You Dispute an Employment Background Check Error?
If your background check contains incorrect information, you will need to report that error to the background check company or consumer reporting agency that prepared the report. Many companies allow disputes online, by mail, or by phone.
When sending documents, keep copies of everything for your records. Do not send original documents through the mail.
How Long Does It Take to Correct a Background Check Error?
In many cases, background check companies have up to 30 days to investigate and correct disputed information. That timeline is important because many legal claims depend on what happened after the company was given an opportunity to fix the problem.
What If the Employment Background Check Error Was Not Fixed?
If inaccurate information was reported, and the company failed to correct it, you may have a claim under the Fair Credit Reporting Act. Cases are often strongest when the inaccurate report led to a lost job, delayed employment, or other measurable harm.
If an employment background check error was not corrected and cost you a job, you may have a claim.
Start your free case evaluation.
Background Check Companies We Commonly Hear About
Employment background check issues may involve companies such as:
How Francis Mailman Soumilas, P.C. Helps With Employment Background Check Errors
Francis Mailman Soumilas, P.C. represents consumers harmed by inaccurate employment background checks and false employment reports. If false information caused you to lose a job, delayed your hiring, or harmed your employment, our firm can evaluate whether you may have a claim.
Fill out the form for a free case evaluation or call 1-877-735-8600 to find out whether you may have a case.
Frequently Asked Questions About Employment Background Check Errors
Can a background check error cost you a job?
Yes. Inaccurate information on an employment background check can lead to a withdrawn offer, delayed hiring, or other employment-related harm.
Do you have to dispute an employment background check error first?
In many cases, yes. Background check companies are often given an opportunity to investigate and correct inaccurate information. Some situations may still support a claim even if a dispute was not filed first.
What if the background check company does not fix the error?
If the error remains on the report after it was reported and that inaccurate information caused harm, you may have a legal claim.
What counts as harm in an employment background check case?
Harm may include losing a job opportunity, having a start date delayed, losing income, or suffering other employment-related consequences because of inaccurate reporting.
How long does a background check company have to investigate a dispute?
In many cases, the company has up to 30 days to investigate and correct disputed information.
Get help now: If an employment background check error cost you a job or delayed your employment, request a free case review.
