Employment Background Check Report Errors Lawyer
Skilled Background Check Report Error Attorneys Serving Atlanta, Georgia
Our employment background check report error lawyers can help individuals when an employment background report causes issues with employment. There are many ways in which an employment background check can cause issues, including:
Mixed Files. A mixed file occurs when a different person’s information, such as a criminal record, appears on your employment background report.
Incorrect Dispositions. Employment background report companies may not report incorrect criminal disposition information. For example, reporting “guilty” instead of “not guilty,” or “pending” rather than “dismissed.”
Incorrect Severity. Employment background report companies may not report the wrong severity for a criminal charge or conviction. For example, reporting a misdemeanor as a felony.
Sealed or Expunged Records. Criminal background reports cannot include sealed or expunged criminal records in an employment background report.
Obsolete Criminal Records. Non-conviction criminal records cannot be reported for more than seven years under the Fair Credit Reporting Act. This means arrest records, criminal charges, complaints, indictments, and other non-conviction information cannot be reported if it is older than seven years. Criminal convictions can be reported indefinitely under federal law.
Duplicate Criminal Records. Employment background report companies can report criminal records just one in your employment background report. When the same record appears multiple times, it makes a person’s criminal history look longer than it is. This is misleading and inaccurate and can damage your reputation.
What Can A Background Report Lawyer Do About Background Report Errors?
Fortunately for employees and applicants, there is a federal law (and some state laws) that provide protections when background report issues arise. The Fair Credit Reporting Act requires that background reporting companies “follow reasonable procedures to assure maximum possible accuracy” of the information in their reports. So if a background check company has reported inaccurate information about you in an employment background report, background report lawyers like those at Weiner & Sand LLC can pursue violations of the Fair Credit Reporting Act against the background check company.
What Kinds Of Relief Are Available To Employees And Applicants Injured By Inaccurate Background Checks?
If an employer rescinded a job offer, fired you, or refused to hire you because of information in a background report, and the background report was the cause of that action, an employment background check lawyer can pursue the background report company for damages such as:
Lost Wages. The FCRA allows you to recover the wages you lost due to an inaccurate employment background report. The calculation of lost wages varies on a case-by-case basis. It includes considerations about the salary or hourly wages you would have made at the job you lost, any lost bonuses or commissions, and how long it took to find comparable employment.
Emotional Distress. When an inaccurate background report leads to denied employment, you can recover from the emotional distress that you suffer. Oftentimes this is the most significant damage people suffer in FCRA employment cases. Every person’s emotional distress is different. Common types of emotional distress because of an inaccurate employment background report include:
- Stress about paying bills
- Stress about the inability to afford groceries and provide for a family
- Humiliation about the inaccurate information and job loss
- Anxiety about where to find a new job
- Lost sleep
- Depression and sadness
- Lost appetite
- Loss of interest in hobbies or other activities
- Worry that the background report will cause future job losses
- Worry that the background report may be responsible for prior job denials
- Frustration about a damaged reputation
Lost Time. The time spent trying to fix the harm caused by an inaccurate employment background report is compensable. People can lose many hours trying to repair the harm caused by an inaccurate background report. This includes time drafting dispute letters, disputing over phone calls, speaking with potential employers, talking to court clerks, applying for other jobs, and trying to contain the harm of the erroneous background check. This is time that could have been spent doing things you enjoy, and it is a recoverable type of damage in an FCRA lawsuit.
Statutory Damages. The FCRA allows individuals to recover statutory damages ranging from $100 to $1,000.
Punitive Damages. Punitive damages can be awarded to deter future bad conduct by an employment background report company. The FCRA specifies that punitive damages are available when a defendant’s FCRA violation was willful.
Additionally, the FCRA provides for your attorneys’ fees to be paid by the employment background check company if and when you are successful in your legal claims. For this reason, Weiner & Sand LLC typically represents background check clients on a contingency fee basis and does not charge any attorneys’ fees unless and until our client obtains a recovery.
Contact Our Background Check Report Error Lawyers Today
If you believe your rights may have been violated, or you just have a question about an employment background report, please contact the lawyers at Weiner & Sand LLC to discuss your rights. Our experienced background check report error lawyers offer case consultations and can be reached by phone or by filling out our convenient online form below.