You’ve done it. You finally got that job offer you have been working towards. You get excited to start working at your new workplace. Weeks pass by, and you receive the news that… your job offer has been rescinded because you failed the background check after receiving a job offer.

This is tragic news. You were certain that you were going to land the job. You were definitely qualified for the position, and you have no criminal record of any kind, good credit, and no problems in your employment, driving, or educational history.

Why didn’t the employer or the company that pulled my background check give me an opportunity to review and explain any information in it? Why did it take this long for them to notify me of the failed background check?

There has got to be an explanation for this. Could the explanation be that my failed background check after the job offer was the result of illegal conduct by the employer and the screening company they hired? Too many times the answer is “Yes”!

Background Check After Job Offer Illegally Conducted

There are many reasons why people lose their job offer, and one of them is failing their background check. They may have criminal records, bad credit history, or other reasons that render them unfit for the position. However, there may have been errors on the background check that inaccurately describe their eligibility which ultimately got them turned down for the job.

Getting a background check after receiving an offer can be scary at times. Mistakes in your background check can result in serious damage to your chances of employment and to your reputation. For example, if another person with the same name as you is a convicted felon, has numerous driving violations, has bad credit, was terminated for insubordinate behavior, or failed to pay university tuition resulting in them not getting a diploma, then all of this bad history could be attributed to you due to computer or human errors in assembling your background check information.

Having inaccurate information on your background report places job applicants and employees in an unfair position. It is credit reporting companies’ duty under the law to make sure they report true and accurate information to employers under the Fair Credit Reporting Act (FCRA) and make sure that consumer reports don’t contain inaccurate reporting.

Also, employers must give applicants or employees the opportunity to review their background check for mistakenly reported information provided by credit reporting agencies like Experian, Equifax, TransUnion, Corelogic Credco, LLC LexisNexis  Acxiom HireRight, Innovis, SentryLink, and Sterling.

Otherwise, people may lose or be turned down for a job for mistakes that are not related to their personal or job history.

Permission to pull a Background Check

It is not illegal for employers to require a background check during the employment process. It makes sense to ensure the person they are hiring is the right fit for the company. However, they cannot use mistaken reasons to take adverse action against an applicant or employee. If two applicants have the same qualification but one was declined for believing in a certain religion, it is an illegal action.

Another example of an illegal background check is not getting an applicant or employee’s permission to run the background check. While employers may require background checks for all applicants or employees, they need to get their permission to do so..

Testimonial for Attorney Robert P. Cocco

“…[Robert Cocco’s] responsiveness and honest assessment of our chances of success and our strategic options was invaluable to me. I’m pleased to say the outcome was better than expected and I owe that to Bob and his relentless and professional dedication to my case.”

If you have any questions or the slightest concern on whether or not an employer might have used your background check unlawfully, Attorney Cocco will offer you a FREE consultation to review your scenario and talk with you about the possibilities.