Failed an Amazon Flex Background Check?

Updated on February 4th, 2021 Author: Sergei Lemberg

Amazon Flex 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 Amazon Flex Perform Background Checks?

Yes, Amazon Flex does background checks on all applicants. But because most of the onboarding process for prospective delivery drivers is done through the Amazon Flex app, there is little information on the company’s website. Instead, the company simply states that applicants must provide the information required for a background check.

However, there are many anecdotal reports about Amazon Flex background checks on Internet blogs and forums related to the gig economy, making deliveries as in independent contractor and so on. One post on iheartridesharing.com indicates that Amazon Flex requires both driving background checks and criminal background checks, and that applicants must provide their driver’s license and Social Security Number to facilitate this process. The same post notes outsources its criminal background checks to another company called Accurate Background.

Another post on ridesharingdriver.com notes that the background checks are conducted to see if an applicant’s record includes any felonies or other serious offenses within the last seven years. The driving/motor vehicle check is conducted to determine if the applicant has a significant history of serious violations or frequent citations.

It is also important to note that because Amazon Flex must have your written consent for the background check because it outsources the task.

Amazon Flex and the Gig Economy

Amazon Flex drivers transport Amazon parcels (including but not limited to food, groceries, and household goods) from designated locations directly to customers. The delivery and onboarding processes are both coordinated through the Amazon Flex app.

The company encourages people to apply by promoting the chance to be your own boss, flexibility in scheduling and the opportunity to make a significant amount of money.

How Much They Promise You Can Earn

According to the Amazon Flex website , drivers or “delivery partners” can make $18 to $25 per hour. Drivers are paid by the shift or “block” and can see how much they’ll make at the beginning of that period. Although the least they can make is $18 per hour, drivers with larger vehicles, those who can secure shifts during peak times and those who make deliveries for Amazon services that permit tipping may make more.

However, you should be aware that opportunities to apply might be limited to certain regions. So if you don’t live in an area where Amazon Flex is “adding delivery partners” you will have to join the waitlist .

How Do I Qualify To Work For Amazon Flex ?

To become an Amazon Flex delivery partner you must be at least 21 .

You must also have a vehicle that meets the specifications listed based on the type of packages you will be delivering. In general, it must be a medium size or large sedan, SUV or van with proper insurance. Bicycles are also acceptable in some areas. In that case, the bike must be equipped with a basket and it must be “street legal.” If you use a bike to make deliveries for Amazon Flex, you must wear a helmet.Finally, you must have a relatively new smartphone to access and use the Amazon Flex app.

And they’ll also run a background check on you….

What are my Background Check Disclosure and Consent Rights?

A Summary of Your Rights Under the FCRA

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.

Amazon Flex Background Check Complaints

Because you can’t become an Amazon Flex driver – and start earning money through the app – until you pass the background check, unexplained delays are frustrating.
In one online forum , an applicant said it took a month for his background check to clear and the matter wasn’t resolved until he submitted a document to verify his Social Security Number. Another Amazon Flex applicant reported the same issue in a different forum . In his case, he said he contacted Amazon Flex support on several occasions to no avail.

According to Accurate Background , the company that conducts criminal background checks for Amazon Flex, the process can take anywhere from one to four business days depending on the extent of the search. However, Accurate Background also says that various factors that it has no control over may delay the process.

You Received A Pre-Adverse Action Notice From Amazon Flex. 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.

Can criminal convictions appear on my background check after 7 years?

Yes, but 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 job screening report can include. A report cannot list civil suits, judgments, arrest records, paid tax liens, accounts in collection or most other negative information after 7 years, or bankruptcies after 10 years. It also cannot list expunged convictions. However misdemeanor or felony criminal convictions that go on record and are accurate can stay on your background check indefinitely.

What if I was deactivated or fired because of an accident and it wasn’t my fault?

You may have legal recourse now if you were fired or deactivated by Amazon Flex because you were involved in a no fault car accident, thanks to a groundbreaking decision handed down by the United States Court for the Sixth Circuit. The court held that material omissions, such as not reporting the fault of an accident, can be interpreted as inaccurate information under the law.

Your Right to an Accurate and Legally-Compliant Report From Amazon Flex

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

Can I Dispute an Unfair Background Check Report from Amazon Flex?

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

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

If you lost out on a Amazon Flex 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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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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