Post-hire background checks, also called continuous or ongoing background screening, are becoming increasingly common as employers try to monitor employees for potential risks. But when these reports contain errors, they can destroy your career, damage your reputation, and violate your rights under the Fair Credit Reporting Act (FCRA).
At Francis Mailman Soumilas, P.C., we’ve represented thousands of people nationwide who lost jobs, income, and opportunities because of background check mistakes. Here’s what you need to know if it happens to you.
What Is a Post-Hire Background Check?
A post-hire background check is a background report conducted after you’ve already been hired. Employers may run them periodically or continuously through a consumer reporting agency (CRA) that tracks updates to criminal records, driving records, or employment verification databases.
These checks are common in industries like:
- Transportation and delivery (Uber, Lyft, Amazon Flex, DoorDash)
- Financial services and banking (Bank of America, Chase, Wells Fargo, TD Bank)
- Healthcare and caregiving (McKesson, ShiftMed, IntelyCare, CareRev)
- Education and childcare (KinderCare, YMCA, Bright Horizens, The Goddard School)
- Government and security roles (Securitas, Allied, ADT)
Employers claim post-hire screening helps protect customers and maintain compliance. But when these reports include outdated or inaccurate information, innocent employees can lose their jobs without warning.
Can You Lose Your Job Because of a Post-Hire Background Check?
Yes – many people are fired or suspended after a post-hire background check reveals new or incorrect information. You might be told your employment is “under review” or suddenly lose access to your job platform, as often happens to rideshare or delivery drivers.
Common errors that lead to wrongful terminations include:
- Someone else’s criminal record appearing on your report
- Old or expunged records that should not appear
- Incorrect disposition of charges (for example, showing a conviction instead of a dismissal)
- Mistaken identity due to similar names or mixed files
- Outdated employment or license verification errors
If you lost your job because of one of these issues, you may have the right to sue the background check company that provided the false information.
What Are Your Rights Under the Fair Credit Reporting Act (FCRA)?
The Fair Credit Reporting Act (FCRA) is a federal law that protects you from inaccurate and unfair background reports. Under the FCRA, background check companies must:
- Use reasonable procedures to ensure maximum possible accuracy
- Provide a copy of the report and a summary of your rights before adverse action is taken
- Allow you to dispute incorrect information and have it reinvestigated
If a company fails to meet these obligations, you can pursue legal action for damages. Our firm has successfully represented consumers in these cases nationwide, often recovering financial compensation for lost wages and emotional distress.
What to Do If a Post-Hire Background Check Is Wrong
1. Request a copy of your background report.
You have a right to see what information was used to make the decision.
2. Dispute the error in writing.
Contact the background check company directly to request a correction and investigation.
3. Document everything.
Save emails, letters, or messages from your employer or the background check company.
4. Contact an experienced FCRA attorney.
If the mistake cost you your job or damaged your reputation, you may be entitled to compensation.
GET A FREE CASE REVIEW
Can You Sue a Background Check Company for Post-Hire Errors?
Absolutely. If a background check company like Checkr, First Advantage, Sterling, or another provider reported false information that led to termination or suspension, you can sue under the FCRA. These companies are responsible for ensuring their data is accurate and up to date, no matter how often they screen you.
Our firm has taken on some of the largest background check companies in the U.S. and held them accountable in federal court. We fight to make sure your record reflects the truth and that you’re compensated for the harm done to your career.
Frequently Asked Questions About Post-Hire Background Checks
Why would an employer run a background check after hiring?
Employers use post-hire background checks to ensure ongoing compliance, especially in jobs involving safety, transportation, or sensitive information. Some companies use continuous monitoring services that flag updates to your record automatically.
What should I do if I lose my job because of an inaccurate background check?
Request the report, document the issue, and contact an experienced FCRA attorney. Do not assume the company will fix it on their own background check errors often persist until legal action is taken.
How long do post-hire background checks take?
Most take a few days, but continuous monitoring systems may flag updates instantly. The faster these systems operate, the higher the risk of false positives or incomplete information being reported.
Get Help from a Leading Consumer Protection Law Firm
If a post-hire background check error cost you your job, your income, or your reputation, you don’t have to fight alone. Francis Mailman Soumilas, P.C. is one of the nation’s leading consumer protection law firms, with decades of experience suing background check companies under the FCRA.
Get a free case review and learn your rights. We’ve helped thousands of consumers nationwide get justice when background check companies got it wrong and we can help you too. Call us at 1-877-735-8600.