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The hiring process is stressful for everyone. It’s even more stressful when you discover that a background check has failed because of errors. If employee background errors pull up on your report, it could make the hiring manager think that you are not telling the truth about yourself or your work history. That can lead to being rejected for employment or having an offer revoked after starting work.
So, after finding a job, applying, and hoping for the best, what should you do if your employee background errors harm your chances at a better life?
What Should I Do if I Have a False Background Report?
If you ever find yourself in the unfortunate position of having a false background report, you should contact Consumer Attorneys immediately. We can help you get a copy of your background check report and determine who is responsible.
Do not sign anything until you have spoken to professionals who solve background errors and workers’ issues. Signing anything could be considered an acknowledgment that the information on your background check is true and correct, which could prevent you from getting any compensation for damages in court.
Why Does This Happen?
The answer is simple. Employers are not doing their due diligence. They’re not taking the time to check the information they receive or even checking it multiple times. They’re also relying on companies that frequently make errors like:
- Transposition of the Social Security Number’s digits
- Inaccurate or missing data in original documents
- False criminal histories
- Information that has expired and should be removed
- Due to mistaken identity, your background check may reveal the criminal records of someone else
- Due to a data mix-up, information about another person appeared on your background check
Examples of Employee Background Errors Harm
There is no way to predict how background check errors harm workers until the damage is already done. Even our team of attorneys is routinely surprised by the extent of the damage. Some more common cases may be:
A wrongful arrest is an arrest where a person has been detained in error or against whom no probable cause exists. It can be a traumatic experience for those wrongly arrested and often leaves them feeling angry and frustrated at their employer for not protecting their rights in the workplace.
Mistaken Identity to Confirm Experience
Mistaken identity can be harmful to both parties. Mistaken identity can be detrimental to the person who is mistaken for someone else, and it is also harmful to the person whose name and experience are being used as a substitute. These background errors workers issues lead to employers not believing the experience listed on resumes because it cannot be confirmed.
You might not be able to get a job if your credit is poor. That’s because the Fair Credit Reporting Act (FCRA) allows employers to ask about a candidate’s credit history as part of their background check, but only when it’s directly related to the job. This includes checking a candidate’s financial responsibility or if they’ve been sued for non-payment of debt. If your background check includes debt not belonging to you or that has been paid off on time, you may lose out on a great opportunity.
Can Background Check Errors Harm Workers?
In many cases, these errors can cause a person to lose their job or be denied an opportunity for promotion. It’s not uncommon for inaccuracies on a background report to result in wrongful termination, either.
This happens when an employer fires someone based on something they supposedly did that they didn’t actually do or fired them because of something they supposedly did but shouldn’t have been held accountable for (such as a criminal activity).In some cases, background checks can result in false positives: situations where a person is flagged as having committed a crime even though they never actually committed it at all.
What are My Rights When Errors Occur?
The Fair Credit Reporting Act (FCRA) gives consumers certain rights when it comes to their information being used in background checks. These include:
- You must be informed if a background check or employment report has been used against you.
- You have the right to a copy of your background investigation.
- You have the option to challenge any mistakes found during your background check.
- Employee background errors must be fixed or eliminated within 30 days of your dispute.
- You must give current or potential employers written permission to perform background checks on you.
- Companies that do background checks and consumer reporting agencies that break the FCRA can be sued.
Contact Experienced Attorneys
If you have been the victim of an incorrect or misleading background report that is harming your reputation, contact our lawyers who can help you to determine if the company is liable for damages. You may be able to recover compensation for any financial losses resulting from the error and/or obtain injunctive relief to prevent future errors.
Our expert team works with those issues involving background check errors from every industry. Contact Consumer Attorneys at +1 877-615-1725, and let’s find a way to smooth out your reputation so you can get the job of your dreams!