Another Horrifying Background Check Story
Posted: Wednesday, September 12, 2012
who has no criminal background at all, that has experience working
in healthcare facilities, went in for a job opportunity. As
his experience and interview reflect he is fit for the job, he is
hired pending his background check. Just two weeks into the
job, his background check came in. Unfortunately, this person
had a somewhat common name. The background check came back
with a horrifying string of crimes from drug possession, to
solicitation of prostitution, to assault charges. This man
did none of these crimes, but since his background check came back
with these items, he was promptly terminated from his new job.
This story and many others just like it are popping up all over
as more and more companies turn to internet background
checks. What is a person to do?
As we have written in the past, these background checks and the
companies that provide this information are subject to the Fair Credit
Reporting Act. That means, the company that provides the
background information has a duty to report with maximum possible
accuracy, and has a duty to conduct a prompt and reasonable
reinvestigation into the accuracy of their report once challenged
by the consumer.
If you are denied employment because of the background check,
find out the name of the company that provided the background
check. Companies such as Lexis/Nexis, Accurint or HireRight
Solutions to name a few are ones that provide this
information. Contact that company and demand to see a copy of
your report. According to the FCRA, they
are obligated to provide you a report free of charge if you were
denied employment based upon their report. Once you obtain
the report, dispute the information that does not belong to you
directly to the background reporting company. By law, they
have 30 days to conduct an investigation and report the results
back to you. A failure on their part to do any of the above
violates the FCRA.
If you are losing employment because of inaccurate information
in a background check report, CONTACT US
for a free consultation. SmithMarco,
P.C., has over 30 years of combined experience practicing law
protecting the rights of consumers around the country.