Background checks encompass various aspects such as your credit profile, criminal record, driving history, employment background, and educational credentials. Typically, only the relevant information pertaining to the specific opportunity is included in the report.

How are background check reports compiled?

Background check reports are essentially compiled by purchasing, reviewing, and reporting consumer data. Employers and property owners do not directly conduct background checks; instead, they hire other companies to carry out this task.

The actual reporting is conducted by consumer reporting agencies. These companies offer background check services to employers or property owners.

What is an Employment Background Check?

An Employment Background Check refers to the process of investigating an individual’s past employment history, qualifications, and other relevant information. It is one of the most common types of background checks conducted by employers. There are two main categories of employment-related background checks: pre-employment and ongoing checks.

Pre-employment background checks typically take place towards the end of the hiring process, either before a job offer is made or after the candidate has accepted a conditional offer pending the successful completion of the background check. On the other hand, ongoing employment-based background checks are conducted periodically throughout an individual’s career with a particular employer.

There are various situations in which individuals may encounter an employment background check. For instance, if someone has recently lost their job and is actively seeking new employment, they may undergo a background check as part of the hiring process. Additionally, employers may choose to conduct background checks on all employees if they suspect any issues within the workforce. Furthermore, certain industries may require regular background checks as a standard practice.

It is important to note that employers do not personally conduct background checks. Instead, they hire external companies specialized in conducting such checks. This distinction is significant because it means that employers are generally not held responsible for any errors or inaccuracies in the background check report. Employers are typically justified in relying on the information provided in the report, even if there are mistakes.

Periods of Joblessness

If there are gaps in your employment history, you may be concerned about whether employers can detect unemployment records in your background check. Even though the periods of joblessness may still be noticeable to a perceptive employer, it is essential to have well-thought-out responses ready in case any inquiries arise.

Rectify Inaccuracies in Employment Background Checks

In the event that your employment background check contains errors, it might appear challenging to secure a job. However, these mistakes can be rectified. Therefore, if you are unsure about what steps to take when your background check indicates incorrect employment information, continue reading to discover how to address an employment background check error.

If there are any discrepancies or errors in your background check report, such as incorrect employment details or job titles, it is the background check company that bears the responsibility, not your employer. However, your employer may be held liable if they share the erroneous report with another company or fail to inform you about the background check and obtain your informed consent.

It is crucial for employers to adhere to legal requirements and provide employees with proper notice and the opportunity to provide consent before conducting employment-related background checks.

What to do if you are a victim of background check error?

In case you encounter inaccuracies in your background check report, it is crucial to take action. Here are the steps you should follow to dispute any errors:

– Seek legal advice: Contact a background check attorney as soon as you identify errors in your report. Legal guidance can help you navigate the process of rectifying the inaccuracies and protecting your career and housing opportunities.

– Review your report: Obtain a copy of your background check report and carefully examine it for any mistakes in the information provided.

– Notify the relevant parties: Inform the employer, landlord, or any other entity using the report that the information is incorrect and that you are disputing it with the Consumer Reporting Agency responsible for compiling the report.

– Address employment-related errors: If the inaccuracies are related to employment, dispute them directly with the background check company. If the employer receives incorrect information, notify them but file the dispute with the background check company.

– Check your credit reports: Request and review your credit reports from the major CRAs – Experian, Equifax, and TransUnion. This will help you identify any discrepancies in the information reported about you.  Remember that you are entitled to a free copy of your credit report from each bureau annually.

Initiate a dispute with the credit reporting agency by directly addressing the erroneous information contained in your background check report. It is advisable to refrain from utilizing any online dispute platforms provided by the CRAs, as doing so may necessitate relinquishing your right to pursue legal action. Opting for certified mail is an excellent method to file your disputes, submit supporting documentation, and safeguard your legal rights.

Consider engaging the services of a Legal Access Plan background check attorney. If you have not yet sought the assistance of a background check lawyer, you can still do so at any stage of the dispute process. In fact, many individuals realize the potential benefits of working with a lawyer for background checks after filing a dispute and awaiting the resolution of the CRA investigation period.

How can our Legal Access Plan Attorneys help?

Background check attorneys play a crucial role in advocating for their clients and navigating the legal system to achieve a favorable outcome. They are well-versed in consumer rights, offer valuable advice on identifying responsible parties and appropriate courses of action, and provide support in safeguarding legal rights and minimizing the impact of financial and emotional distress. These attorneys are prepared to initiate legal action by filing a lawsuit against credit reporting agencies or other entities that fail to address inaccuracies promptly and effectively.

Additionally, they work towards securing compensation for any damages incurred. It is advisable to seek the assistance of a background check attorney promptly upon discovering errors in your background report, especially when these inaccuracies result in adverse consequences such as denial of employment, housing, or rental opportunities. By engaging the services of a competent consumer protection attorney early on, individuals can mitigate potential challenges and safeguard their rights effectively.

Consumer protection attorneys also specialize in handling errors in employment background checks. If you are questioning whether you can take legal action for inaccuracies in mandatory employee screenings, the answer is affirmative. An attorney who focuses on employment background check errors can assist in challenging incorrect information and pursuing compensation through a lawsuit.

It is possible to address problems with background reports without legal representation, but it is not advisable. While there is no legal requirement preventing you from representing yourself, it is typically recommended to seek the assistance of a lawyer. Since individuals often discover inaccuracies and the resulting harm simultaneously, working with an attorney can lead to a more efficient and thorough resolution of the issue.

The team of attorneys who assist Legal Access Plan members are here to assist you with any errors or inaccuracies found in your background report. They understand the importance of having a reliable and accurate background check, and are dedicated to helping you resolve any issues that may arise.

Some common errors that we can help address include:

1. Background check reports that contain information about a different individual. This can occur due to data entry mistakes, such as incorrect birth dates or misspelled names, or when information from unrelated individuals gets mixed together in a “mixed file.”
2. Incorrect listing of employers or dates of employment.
3. Inclusion of sealed, expunged, or outdated criminal records in the report.
4. Incomplete information being reported, such as omitting details about the resolution of a criminal or driving offense.
5. Misleading presentation of data, such as reporting a single arrest or incident multiple times.
6. Misclassification of the type of offense, such as classifying a misdemeanor as a felony.
7. Inaccurate dates that should have excluded certain information from being included in the background check.

Employers, Consumer Reporting Agencies, and data furnishers may also be held liable if certain requirements are not met. These include:

1. Failure to inform you in writing that a consumer report would be obtained for an employment check.
2. Lack of written authorization from you for the disclosure of the background check report.
3. Failure to provide you with a copy of the background check report if any adverse action was taken based on the report.

You can reach out to the experienced background check attorneys that work with members of the Legal Access Plan if you need assistance with any errors or issues in your background report. They are here to help ensure the accuracy and fairness of your background check.

When you should reach out to a plan attorney about a Background Check error?

Before reaching out to a lawyer who specializes in suing background companies, it is important to understand that you only need to be aware of errors in your background check report. You do not necessarily need to know the source of the error, the reason behind it, or the full extent of the damage caused.

Consulting with a legal professional who deals with background reports can help you navigate the process of evaluating and rectifying the harm done, initiating a lawsuit against the background check company if required, participating in a class action lawsuit (if applicable), and securing compensation.

The same applies when background check companies provide incorrect information to a current or potential employer following a background check for employment purposes. It is advisable to seek assistance from a lawyer who specializes in addressing errors in employment background check reports as soon as you become aware that a hiring or termination decision was influenced by inaccurate information in your report.

Compensation Available Following Lawsuit Against Background Check Company

Under the Fair Credit Reporting Act, you have the right to receive compensatory and punitive damages. Compensatory damages aim to restore you financially and emotionally after experiencing harm. Punitive damages are intended to penalize the company responsible for causing you financial or emotional distress.

Legal Access Plan Members Do Not Pay Any Legal Fees for Background Check Errors

We understand that there may be a need to consult with a background check attorney before determining if legal representation is necessary. Our Legal Access Plan provides for free consultation with a plan attorney on this type of matter.  Rest assured that you will not be charged for an initial consultation with one of our legal access plan background check lawyers.

Furthermore, if the attorney chooses to take on your background check dispute, you will not be responsible for any legal fees. According to the FCRA, the companies they take legal action against are required to cover the lawyers’ costs and fees.

If you were denied employment or rent due to a background check error, consult a Legal Access Plan attorney. They can educate you regarding your rights, and get you compensation and damages that you may be entitled to from the parties who may be liable for the violations.