Ace Hardware 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 Ace Hardware Perform Background Checks?
Yes .A 2011 newsletter issued by Ace Hardware’s Retail Loss Prevention Department stresses the importance of conducting pre-employment background checks. These include criminal history and credit checks, driving history checks and prior employment checks. The newsletter also stresses the importance of obtaining an applicant’s consent for and following all federal and state laws pertaining to pre-employment background checks.
However, a disclaimer provided along with an online job description indicates that Ace Hardware Corporation does not operate individual stores. Instead, independent owners run most of the stores. This means are solely responsible for making all decisions about employment related matters (including hiring). This also means that Ace Hardware Corporation can disavow any knowledge of, control over or responsibility for relevant policies and practices at these stores.
Because the background check required by Ace Hardware is done for employment purposes, the Fair Credit Reporting Act (FCRA) affords you have certain legal rights. 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used against you; the right to know what was in the background check report; and the right to contest inaccurate or outdated information.
Within this context, it is important to note that state laws regarding information about arrests may vary. However, federal law excludes information about arrests that occurred more than seven years ago from background check reports unless you are seeking a position that pays more than $75,000 per year. There is no time limit for conviction records.
Finally, if Ace Hardware uses another company to run background checks, it must have your written consent first.
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Ace Hardware and Big Retail
Ace Hardware is a self-described neighborhood hardware store with a global presence. In all, there are more than 5,000 Ace Hardware stores throughout the world. Most of them are independently owned and operated. According to Ace Hardware’s website, these stores carry just about anything customers may need for home maintenance, repairs and related projects.
Since its inception in 1924, Ace Hardware has adopted a unique business model that allows individual stores to purchase merchandise in bulk. By doing so, they can save money and purchase goods at the lowest possible price. This model also levels the playing field for smaller stores competing against larger stores in their market.
Benefits of Working At Ace Hardware
Ace Hardware routinely hires people to fill positions in retail, distribution and its corporate offices. Some retail positions that may be open include: cashier, sales associate, assistant manager, and store manager. Salaries vary by position.
As an Ace Hardware employee, you may also be eligible for certain benefits . If you qualify for corporate-sponsored packages, you could get paid time off, the opportunity to participate in a retirement plan, different types of insurance, tuition assistance and more.
How Do I Qualify To Work For Ace Hardware?
You must be at least 18 to work at Ace Hardware. You should also have a high school diploma or GED, an interest in retail and comprehensive knowledge of tools and related equipment. Beyond that, requirements will 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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Ace Hardware Background Check Complaints
To date, there is no readily available public information about complaints or lawsuits pertaining to Ace Hardware background checks. However, there is evidence that the background check company Ace Hardware had enlisted to conduct background checks as of 2011 was sued for alleged violations of the FCRA.
As alleged in the 2012 lawsuit, Acxiom Information Security Services, Inc., and two related entities failed to comply with FCRA requirements by failing to ensure that information collected about job applicants was accurate and current. The lawsuit also alleged that Acxiom Information Security Services Inc.violates FCRA requirements by providing improper notice to job applicants when information from the background check is being used against them. It is unknown whether any of the allegations stem from background checks conducted for Ace Hardware.
In the newsletter referenced above, Ace Hardware’s Retail Loss Prevention Department says Acxiom Information Security Services, Inc., was its go-to provider for background check services since 1998.
You Received A Pre-Adverse Action Notice From Ace Hardware. 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 Ace Hardware
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 Ace Hardware
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 Ace Hardware 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 Ace Hardware fails to meet those standards, the FCRA affords you a number of rights.
Your Right to File A Lawsuit Against Ace Hardware if your report includes inaccurate or illegal info
If you lost out on a Ace Hardware 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?
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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 a lawyer whose practice focuses on consumer law, class actions and personal injury litigation. He has been repeatedly recognized as the “most active consumer attorney” in the country. In 2020, Mr. Lemberg represented Noah Duguid in the United States Supreme Court in the case entitled Duguid v. Facebook. He is the author of Defanging Debt Collectors, a book that teaches consumers how to battle debt collectors and win.