Starbucks runs background checks on applicants, but what happens if you are rejected? If you just ignore it, you may keep having the same problem because false information or errors may stay on your report. You have legal rights under the Fair Credit Reporting Act (FCRA) to fix those mistakes or even sue for damages.
Does Starbucks Perform Background Checks?
Yes, Starbucks requires background checks following a conditional offer of employment and prior to orientation. But because the company has stores throughout the United States, these background checks (and how the company views certain criminal records) vary based on differing state laws.
Information posted in one online job forum indicates that the process includes a criminal history review (including searches of relevant federal, state and local databases); validation of the prospective employee’s Social Security Number; and DMV check. Professional references are also verified.
Because the background check required by Starbucks is conducted for employment purposes, you have certain rights Under the Fair Credit Reporting Act (FCRA). These are: the right to be informed if information from a background check has been used against you; the right to the contents of the background check report; and the right to dispute inaccurate or outdated information.
Within this context, it is important to note that state laws vary. However, federal law excludes information about arrests that occurred more than seven years ago from background check reports. The only exception is if the yearly salary for the position you are seeking is more than $75,000. There is no time limit for conviction records.
Finally, if Starbucks uses another company to run background checks, it must have your written consent first.
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Starbucks and Big Retail
Starbucks is a global coffeehouse chain based in Seattle, Washington. As of 2018, it had nearly 30,000 stores worldwide. Most of those are located in the United States. In fact, there were more than 14,600 Starbucks stores in the United States alone as of October 2017.
Starbucks’ history dates to 1971, when its first store opened in Seattle’s Pike Place Market. Now, nearly 50 years later, it offers other beverages , including select teas, in addition to the coffee it became so famous for. Starbucks customers can also find snacks and pastries in addition to other goodies at its stores.
Benefits of Working At Starbucks
Starbucks routinely hires people to fill positions in its stores . These include: baristas, shift supervisors, shift managers, store managers, and assistant store managers. Salaries vary by position.
As a Starbucks employee, you may also qualify for certain benefits such as paid time off, participation in retirement plans, and health coverage. Additional benefits may include paid time off after the birth of a baby, tuition reimbursement and more.
How Do I Qualify To Work For Starbucks?
To work at Starbucks, you must meet the minimum age requirement . In most cases that is 16. However, you may be able to get a job at Starbucks if you are younger (14 or 15). As a younger employee, you may be required to hold a special work permit, or work fewer hours than your co-workers.
Although there aren’t any formal education requirements for most entry-level positions, some store managers may choose to hire workers who have earned their high school diplomas or GEDs. Familiarity with customer service is a plus. Additional requirements may vary by position.
And they’ll also run a background check on you….
What are my Background Check Disclosure and Consent Rights?
You have a right to know if an employer will use information from a background check against you and an employer cannot obtain background check information without your express written consent.
A background check company cannot hand over your information to an employer unless the employer certifies that: (1) it has “clearly and conspicuously” disclosed to you in a separate document that it may obtain a background check; (2) you have authorized it to get the background check; and (3) it will provide you with advance notice of any adverse action based in any part on the background check report, a copy of the report, and a summary of your rights under the FCRA.
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Starbucks Background Check Complaints
In a 2017 lawsuit , a Colorado man alleged that Starbucks wrongfully denied him a job based on the outcome of a background check and that it violated the FCRA by doing so. Specifically, the plaintiff claimed that the background check unearthed inaccurate information and that the coffeehouse giant didn’t give him a chance to address the mistakes as required by law.
As of this April, the case had been combined with another one and transferred to another court in anticipation of a potential settlement.
You Received A Pre-Adverse Action Notice From Starbucks. What Are Your Legal Rights?
By law, anyone who uses the information in a background check report to screen job applicants must let any applicant know when they didn’t get the based on the information in the report.
This means you have a right to see what is in the background check. Depending on your specific circumstances, you may also be able to sue the company that requested the background check and rejected your application, or the company that issued the background check report
Your Right to an Accurate and Legally-Compliant Report From Starbucks
A background check company must take reasonable steps to ensure its report is as accurate as possible.
The FCRA also puts limits on the negative information a background check report can include. A report cannot list civil suits, judgments, arrest records, paid tax liens, accounts in collection or most other negative information (except criminal convictions) after 7 years, or bankruptcies after 10 years. It also cannot list expunged convictions
Your Right to Dispute an Unfair Background Check Report from Starbucks
If you don’t get a job because of information on your background check report, you are entitled to a copy of the report. You also have the right to dispute the report if it has errors or includes information it shouldn’t.
If you dispute your report, the background check company must investigate and correct any errors within 30 days.
Were You Harmed By False Information or Errors In Your Starbucks Background Check Report?
Often, whether you get hired or promoted depends on the information gleaned from an employment background check. A background check can come in many shapes and sizes. It may be as simple as verifying your social security number. Or it may include a detailed report of your credit and criminal history, or even information gathered from interviews of your friends and neighbors about your character and reputation.
Whatever the scope of the background check, the FCRA sets strict standards for how employers background check companies get consent for and conduct background checks, and what they can do with the information they find.
If a background check commissioned by Starbucks fails to meet those standards, the FCRA affords you a number of rights.
Your Right to File A Lawsuit Against Starbucks if your report includes inaccurate or illegal info
If you lost out on a Starbucks job or were suspended or fired because a background check report included inaccurate or illegal information, you may be able to sue in federal court. If you sue and win, you may be entitled to your actual damages or statutory damages up to $1,000, plus punitive damages, attorneys’ fees, and court costs.
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If you’re ready to assert your rights and fight incorrect information in your background check, we can help you get justice. Complete our form for a FREE case evaluation, or call 844-685-9200 NOW.
About the Author:
Sergei Lemberg is an attorney focusing on consumer law, class actions related to automotive issues, and personal injury litigation. With nearly two decades of experience, his areas of practice include Lemon Law (vehicle defects), Debt Collection Harassment, TCPA (illegal robocalls and texts), Fair Credit Reporting Act, Overtime claims, Personal Injury cases, and Class Actions.
He has consistently been recognized as the nation's "most active consumer attorney." In 2020, Mr. Lemberg represented Noah Duguid before the United States Supreme Court in the landmark case Duguid v. Facebook. He is also the author of "Defanging Debt Collectors," a guide that empowers consumers to fight back against debt collectors and prevail, as well as "Lemon Law 101: The Laws That Lemon Dealers Don't Want You to Know."
