Employment Background Check Errors
Helping You Challenge Inaccurate Employment Screenings
Many employers rely heavily on credit and criminal background checks to screen job applicants. Prospective employees – especially those with common names – often find that information reported about them by background check companies is inaccurate. Sometimes an individual who has never been arrested will have criminal convictions linked to his or her name due to the sloppy practices of a background check company.
Are you the victim of an erroneous background check? The Chicago employment background check attorneys at Edelman Combs Latturner & Goodwin, LLC can help you. We fight hard to protect the rights of prospective and current employees throughout Illinois.
Amending Erroneous Background Checks
Background check companies such as HireRight, Innovis, and LEXIS are subject to the Fair Credit Reporting Act – and you have the right to dispute items that are not accurate.
To dispute information contained in a background check, you should:
- Write a detailed letter explaining why the information is incorrect and submit any evidence you have. Send it by fax or certified mail and keep a copy for your records.
- Save all correspondence you receive in response and all correspondence from the employer.
- Consult with an experienced attorney
If a background check company refuses to correct an entry that you can prove is wrong, you may have a claim against them under the Fair Credit Reporting Act. The Chicago employment lawyers at Edelman Combs Latturner & Goodwin, LLC have a thorough understanding of the FCRA and other laws governing businesses and employment. We are prepared to fight back against background check companies on your behalf.
Upholding Your Employer’s Obligation
Employers must obtain written permission from you in order to run a background check and the form they give you to sign must meet specific requirements. Additionally, if they are going to take action against you – such as denying you a job or firing you from a current job – based on information obtained in a background check, they are required to give you a “pre-adverse action” disclosure along with a copy of the report. After taking such action, they must give you an “adverse action” notice. If these requirements are not followed, you may be able to sue for damages under the Fair Credit Reporting Act.
Have Your Rights Been Violated? Contact Us Today!
If you believe your rights may have been violated due to an improper or inaccurate background check, discuss your case with the Chicago background check lawyers at Edelman Combs Latturner & Goodwin, LLC. Our team has over 200 years of combined experience and is eager to help you overcome this situation.