Employee background checks are susceptible to inaccuracies. Both individuals handling public and private data and computer systems can make errors. Here are some of the most frequent causes of inaccurate information appearing in your report:

• Incorrect or incomplete data in original documents.
• Typos, including number transposition.
• Mistakes during copying, filing, and searching for information.
• Data corruption within computer systems.
• Duplication of information.
• Outdated negative information.
• Cases of mistaken identity.
• Instances of identity theft.

How to Dispute Inaccuracies in Your Background Check

First, request a copy of the report from your employer, who is obligated to provide it. Often, employers hire consumer screening companies to compile these reports, in which case they must provide you with the company’s name and contact information.

Second, carefully review the report for errors. Some inaccuracies may result from clerical errors, such as number mix-ups or misinterpreted handwriting, confusion due to similar names, incomplete or incorrect information provided by you, outdated credit data, or identity theft. If the mistake was made by the employer or screening agency, they must promptly rectify it.

Third, if the error did not originate from the employer or screening agency, you must obtain the correct information from the source. The employer may have requested various reports, such as credit, criminal, or educational records. For instance, you may need to contact the credit reporting agency to correct erroneous credit report information or reach out to a law enforcement agency or court to rectify an inaccurate criminal report.

Fourth, provide this corrected information to both your employer and the screening company. Request that they update the report and furnish you with a copy.

• Did the employer provide a written, standalone notice before requesting your consumer report, clearly indicating its intent to utilize this information for employment decisions?
• Did they obtain written authorization from you to access your consumer report?
• Before transmitting the rejection letter for your job application, did the employer provide both a copy of the report and “A Summary of Your Rights under the Fair Credit Reporting Act”? This step ensures you have ample time to review the report and notify the employer of any inaccuracies.
• Did the employer subsequently issue an adverse action notice, inclusive of the consumer reporting agency’s name and contact details, affirming that the agency wasn’t responsible for the unfavorable decision and highlighting your right to dispute the report and obtain a new one?

If the employer failed to adhere to these procedural requirements, you may have grounds for legal action. It is advisable to seek counsel from an experienced employment attorney, as you may be entitled to civil penalties up to $1,000 and actual damages, which can include emotional distress. In cases of “willful noncompliance” with the Act, punitive damages, along with attorneys’ fees and costs, may also be recoverable.

Lemberg Law will work with you to understand your situation and if we determine you have a case, we’ll work to recover the money you deserve.