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Employment Background Check Errors
Chicago Employment Background Checks Attorneys
Illinois Fix Repair Background Check Lawyers
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 employment background check? The Chicago employment background check attorneys at Edelman, Combs, Latturner & Goodwin, LLC, can help you. Contact us to learn more about your rights in a free initial consultation.
Erroneous Employment 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. Follow the same procedures we have described in our section on disputing credit report errors to dispute information contained in a background check:
- 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.
- 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.
Employer Must Give You Notice
Employers must obtain written permission from you in order to run a background check, and the form they have you sign must meet specific requirements. In addition, 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.
For more information, the Privacy Rights Clearinghouse has a good fact sheet about employment background checks.
If you believe your rights may have been violated due to an improper or inaccurate background check, contact the employment background check dispute lawsuit law firm of Edelman, Combs, Latturner & Goodwin, LLC, for a free consultation with an Illinois fix repair background check lawyer.
The consumer protection and class action lawyers of Edelman, Combs, Latturner & Goodwin, LLC, represent clients throughout Illinois, and in federal courts in Illinois, Wisconsin, Indiana, and Michigan, and will consider substantial cases in other jurisdictions.