For many, looking for a job can feel like a job in and of itself. However, when you find the perfect position, it can feel like a considerable weight has lifted off your shoulders. Not only is it close to work, but the pay and benefits are ideal for your circumstances. Unfortunately, however, you may find that this can quickly become a less-than-ideal situation if you are denied the opportunity based on the information uncovered in a background check. Upon further review, you may find that this is the result of an error on the background check, leaving you unsure of how to proceed. If this reflects your circumstances, the following blog explores your rights and how to dispute an error with the help of an Arroyo Grande consumer lawyer.
What Are My Rights Regarding Employment Background Checks?
First and foremost, it’s critical to understand that, under the Fair Credit Reporting Act (FCRA), you have rights regarding background checks. Because this information is protected and sensitive, any entity, including employers, that wishes to run a background check must first obtain your written consent before doing so. As such, you have the right to decline a background check, though if you do so, the employer can deny your application.
In addition to consenting, you have the right to obtain a copy of the background check run on you, as well as the right to dispute any inaccurate or fraudulent information that may be on the report.
You should note that in certain instances, credit reports can also be included for consideration, but only for certain roles. Generally, your credit history can only be taken into consideration if you are applying for any of the following positions:
- Law enforcement
- Financial roles
- Roles within the California Department of Justice
- Roles where the applicant will have access to $10,000 or more in cash
- Roles where the applicant will have access to trade secrets
- Roles where the applicant will have access to sensitive personal information
What Should I Do if a Background Check Error Occurs?
If you are denied a job opportunity due to information that appears on your background check, you should request a copy to review it. In the event that an error has occurred, it’s critical to understand that, as mentioned, you have the right to dispute this information. As such, the first thing you should do is review the report and highlight any incorrect details. Next, you should obtain evidence and proof of the error before submitting it as a formal dispute with the background check agency. They will then conduct an investigation before issuing a decision on the matter. They can either change the information, exclude it from your report, or leave it if they believe it is correct despite your dispute.
If the company refuses to remedy the error despite the fact that you’ve provided sufficient proof, it’s in your best interest to connect with an experienced attorney to help you navigate these matters and explore your legal options. At Loker Law, APC, our firm understands how difficult these circumstances can be and the impact they can have on your life. That’s why our firm is committed to fighting on your behalf to seek the best possible outcome. Contact us today to learn how we can assist you.
