Failed a Roadie Background Check?

Updated on April 22nd, 2019 Author: Sergei Lemberg

Roadie runs background checks on applicants, but what happens if you are rejected? Don’t ignore it, or you may encounter the same problem if false errors remain on your report. You have legal rights under the Fair Credit Reporting Act (FCRA) to fix those mistakes or even sue for damages.

Does Roadie Perform Background Checks?

Yes, Roadie requires criminal background checks and Motor Vehicle Record (MVR) checks for all applicants. All driver applicants must provide a valid driver’s license and Social Security Number to facilitate this process.

To pass the background check, Roadie says, applicants cannot have any of the following:

• Pending criminal charges
• Major moving violations, such as DUIs or reckless driving, in the past five years
• Drug-related convictions in the past five years
• More than three minor moving violations, such as speeding tickets or failure to obey traffic laws, in the past three years
• Cell phone or distracted driving violations in the past year

Roadie says applicants are not charged for the background checks and there is no credit check. The company also notes that all applicants that agree to the background check will receive a complimentary copy of their background check report by email within 30 days of completion.

Even though you’re not technically employed by Roadie the background checks outsourced to a third-party provider (Checkr, Inc.) are conducted as part of an employment screening process. This means you have certain rights in accordance with 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used against you; the right to know what was in the background check report; and the right to contest inaccurate or outdated information.

A critical distinction to make here is that while state laws may vary, federal law excludes information about arrests that occurred more than seven years ago from background check reports. The only exception to this rule applies if the yearly salary for the position you are seeking exceeds $75,000. There is no time limit for conviction records.

Finally, because Roadie uses another company to run background checks, it must have your written consent first.

Roadie and the Gig Economy

Founded in 2014, Roadie provides a digital platform (website and app) that allows people in need of delivery services to connect with people (drivers) who are willing to make them. Specifically, it allows drivers already en route to certain locations to pick up and deliver items along the way. Senders can use the app to see how much the delivery will cost; and share information about the type of delivery needed, and track the delivery. Roadie also entices people to apply to become drivers by promoting numerous benefits including flexibility and the opportunity to make a significant amount of money.

How Much They Promise You Can Earn

Roadie drivers are independent contractors. This means they don’t work for and aren’t paid by Roadie. Instead, they secure work or “gigs” through Roadie’s platform.

According to Roadie, drivers can make as much as $60 for local gigs and as much as $650 for deliveries requiring significant travel. However, some drivers dispute that in Internet in an Internet forum, alleging that, “there is no real money to be made,” and that a “typical gig is only $9.”

How Do I Qualify To Work For Roadie?

In addition to passing the background check and MVR detailed above, applicants must meet the following requirements to drive for Roadie: be at least 18 years old, have a valid Social Security Number, and have a valid U.S. driver’s license. Once you are approved, you must maintain a minimum 4-star rating in the Roadie community, based on reviews provided by senders for every delivery in order to continue your use of the platform.

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.

Roadie Background Check Complaints

To date there does not seem to be any publicly available information about applicants who have been rejected by Roadie based on failed background checks. However, Roadie advises anyone who does have concerns about their background check report and wants to dispute the report to contact Checkr directly. Roadie also says that it cannot review the details of a background check with the applicant in order to protect their privacy.

You Received A Pre-Adverse Action Notice From Roadie. 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 Roadie

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 Roadie

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 Roadie 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 Roadie fails to meet those standards, the FCRA affords you a number of rights.

Your Right to File A Lawsuit Against Roadie if your report includes inaccurate or illegal info

If you lost out on a Roadie 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.

Ready to Assert Your FCRA Rights?

Fired or Not Hired Because of an Unfair Background Check? If so, you’re in the right place.

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Our mission is to fight for your rights. ✊

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."

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