You may have a claim against the employer if it does not follow these procedural processes. You should seek the advice of an experienced employment lawyer.
You may be entitled to $1,000 in civil fines as well as damages (including emotional distress). Furthermore, when there is “willful noncompliance” with the Act, punitive penalties, as well as attorneys’ fees and expenses, may be collected.
How Do I Dispute Background Check Errors?
First, get a copy of the report from your employer, who is required to provide it to you.
A consumer credit reporting business is frequently hired by employers to create the report. If this is the case, the employer must provide you with the company’s name and contact information.
Now, review the report for any mistakes or errors. Some inaccuracies are the result of basic clerical errors, such as writing down numbers incorrectly or misreading handwriting, misunderstanding caused by very similar names, inaccurate or insufficient information given by the consumer, or identity theft.
To recap, get a copy of the report from your employer, who is required to provide it to you. Some inaccuracies are the result of basic clerical errors, such as writing down numbers incorrectly or misreading handwriting. If you find an error, contact a credit reporting attorney.
The following are some of the most prevalent background check issues:
Inaccurate information – criminal record information that is published erroneously, such as an incorrect disposition (for example, “guilty” instead of “not guilty”).
Mixed files are criminal records from people with the same or similar names that show up on your report.
The Fair Credit Reporting Act (FCRA) is a federal law that requires businesses that conduct background checks, often known as specialized consumer reporting agencies, to put in place procedures to guarantee that the information included in such reports is as accurate as feasible.
Generally, customers are not responsible for attorney’s expenses since the FCPA requires offenders to pay for the legal bills of consumers who have been harmed as a result of their mistakes. Regardless of the result of the case, you will not be responsible for our costs if we defend you in a situation involving a background check error.
Because erroneous information may result in job loss, increased insurance costs, or higher interest rates, our consumer protection lawyers aggressively pursue credit reporting agencies and information providers that refuse to amend inaccurate information. Your losses and suffering as a consequence of the illegal acts or omissions of others may be recovered.
Learn about the types of information that should not be included in your background check report.
Personnel who have records that are mismatched or mixed (for example, someone else’s record being recorded on your report).
Information regarding a case that is insufficient (i.e. missing name of the charge).
crimes for which an expungement or sealing has been obtained
Arrests for which you were able to finish a diversion program successfully.
Information that is incorrect. (For example, a single charge may be reported numerous times.) Drivers with a negative driving history that is more than seven years old.
In California, arrests that do not result in a conviction are not recorded to the police department. The majority of other states do not allow arrests that have occurred more than seven years ago to be recorded.
Infractions that have been misclassified (For example, a misdemeanor listed as a felony)
In what way does the Fair Credit Reporting Act (FCRA) function, and how does it affect you?
According to the Fair Credit Reporting Act (FCRA), which is a federal law, companies that conduct background checks, also known as specialty consumer reporting agencies, are required to put in place procedures to ensure that the information contained in those reports is as “accurate as reasonably possible.
Even a minor blemish on your record might disqualify you from lucrative employment. It is safe to say that even those who do not have that blemish are concerned since a background check may reveal incorrect information. On the other hand, background checks can occasionally identify a prior DUI even if you’ve never had one before. This reporting error may result in an employer rejecting your application, especially if the job for which you are seeking demands extensive driving.
What are the Benefits of Filing an FCRA Claim?
If you believe your rights have been infringed as a result of the FCRA, you should take legal action to defend your rights. You may be qualified for financial assistance under the law. Applicants and employees whose rights were infringed during the background check process may seek the following specific remedies:
Actual financial losses, such as missed salaries and benefits; statutory damages of up to $1,000 per violation of the FCRA;
Attorney’s fees and other legal expenses; and punitive damages
FCRA claims are frequently filed in class action lawsuits. When companies use a background check to violate an applicant’s or employee’s rights, they typically do so to an entire group of job seekers or workers.
You may be entitled to $1,000 in civil fines as well as damages (including emotional distress) If there is “willful noncompliance” with the Act, punitive penalties and expenses may be collected. You should seek the advice of an experienced employment lawyer. The Fair Credit Reporting Act (FCRA) requires background checks to be as accurate as possible. Some people have records that are mismatched or mixed, missing information or incomplete. If you have a criminal record that is not correct, your application may be rejected by an employer.
Consumer protection attorneys go against credit reporting companies and furnishers that fail to update inaccurate information, which can result in job loss, higher insurance costs, and higher interest rates. Get be compensated for the losses and suffering you’ve had as a result of other people’s mistakes or inactions.