Employers Must Follow the Law — Even During Background Checks
Most job seekers know that background checks are a standard part of the hiring process. But what many people don’t realize is that federal law places strict limits on how and when employers can access that information.
Under the Fair Credit Reporting Act (FCRA), your employer must obtain clear, written authorization before running a background check. That consent must be given on a separate, standalone document — not just buried in the middle of a job application or hidden in the fine print of a multi-page form.
If your employer accessed your background check without that specific, unambiguous authorization, they’ve broken federal law. And that means you may be entitled to take legal action against them — especially if the check contained damaging or inaccurate information.
What Happens If They Don’t Get Your Consent?
An unauthorized background check is not just a technical mistake — it’s a serious violation of your privacy. Your criminal record (or lack thereof), credit history, and other sensitive personal information should only be accessed with your knowledge and approval.
Here’s what a legal background check requires under the FCRA:
- A standalone authorization form
- Clear and concise language describing what information will be reviewed
- Your signature or affirmative consent (a checkmark buried in an online form doesn’t count)
If any of these elements are missing, the background check is likely illegal — and your employer may be held financially liable for violating your rights.
At Loker Law, we’ve worked with clients across California who had no idea their personal data had been accessed without their permission — until they were denied a job or blindsided by inaccurate reports. In many cases, this violation is the first domino in a chain of unfair consequences.
You Have the Right to Accurate Information
Even when employers follow the rules and obtain proper consent, background check companies still make mistakes. And when those mistakes show up on your report, they can cost you opportunities, income, and your professional reputation.
Some of the most common errors we see include:
- Reporting a crime you didn’t commit
- Confusing you with someone who has a similar name or birthdate
- Listing expunged or sealed records that are legally off-limits
- Reporting charges that were dropped or dismissed
- Including arrests without convictions
- Mixing up social security numbers or employment history
These aren’t small issues — they can stop you from being hired, getting promoted, or securing a professional license. In some industries, a background check error could keep you from working altogether.
Can You Sue Over a False Background Check?
Absolutely. And if the reporting agency refuses to fix the error after being notified, you should take legal action.
The Fair Credit Reporting Act gives consumers the right to dispute inaccurate information on their background check reports. The company is legally obligated to investigate your claim within 30 days and correct any false information.
If they fail to correct the mistake — or if they refuse to acknowledge the error — you can file a lawsuit for:
- Statutory damages (up to $1,000 per violation)
- Actual damages (for lost job opportunities, emotional distress, etc.)
- Punitive damages (in some cases, where the violations were willful)
- Attorney’s fees and court costs
Loker Law can help you every step of the way — from filing the dispute to preparing a strong legal case if the error isn’t resolved.
A Real Story: One False Report, One Devastating Loss
At Loker Law, we handled a heartbreaking case that illustrates the emotional and financial impact these errors can have.
Our client was a single mother working long hours at a local retailer to support her children. After years of applying to better-paying positions, she finally received an offer for a salaried job that could have changed her family’s life.
She completed orientation and training — but just days before starting, she received a letter from her new employer on Christmas Eve, surrounded by her children. The letter stated she was being let go because her background check showed a felony arrest for methamphetamine trafficking.
She had never committed a crime. In fact, she had never even seen meth in her life.
What should have been a joyful holiday turned into devastation and confusion. The kids watched their mother cry, unsure how to explain that she lost the best opportunity of her life — all because of a false report.
We took action immediately. After filing a lawsuit against the background check company, we uncovered serious flaws in how they matched criminal records. We resolved the case for multiple six figures, helping our client get back on her feet and provide for her children.
It didn’t erase the trauma of that night, but it gave her the stability and resources she’d fought for all along.
What If This Happens to You?
Whether you’re applying for your first job or finally landing a long-desired promotion, inaccurate background checks can derail your plans and damage your future. But you don’t have to accept it.
If your background report contains a crime you didn’t commit — or if your employer pulled your report without the proper written authorization — take these steps:
- Request a copy of the background check report from the employer or the background check company.
- Read it line by line. Look for names, dates, addresses, or charges that don’t belong to you.
- File a dispute with the background check company — include evidence like court documents or ID records.
- Document everything. Keep emails, letters, and confirmation numbers related to your dispute.
- Call a consumer protection attorney if your dispute is ignored or if your rights under the FCRA were violated.
Time matters. The longer a false report remains uncorrected, the more damage it can do to your career and credit.
Why Legal Help Makes a Difference
Most people don’t know they can take legal action when a background check goes wrong — or that they have real legal rights under federal law.
At Loker Law, we specialize in helping people across California fight back against inaccurate background checks and unauthorized employment screenings. We know the law. We understand how background check companies cut corners. And we know how to hold them accountable.
Whether you’re disputing a felony that’s not yours or suing a company that accessed your record without permission, we’ll stand beside you every step of the way.
Get Legal Help From Loker Law
Background check mistakes can cost you jobs, time, money — and in some cases, your dignity. You deserve better.
At Loker Law, we help people throughout California take action when their rights under the Fair Credit Reporting Act have been violated. Whether you’re disputing a false felony, dealing with a mistaken identity issue, or responding to an unauthorized background check, we’re here to help you fight back.
