Failed an Apple Store Background Check?

You can dispute your report, or even sue, if an employment screening error cost you the job. No out of pocket expense for you.

Updated on Author: Sergei Lemberg

Updated on Author: Sergei Lemberg

Apple Store 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 Apple Store Perform Background Checks?

Yes , Apple does pre-employment background checks for all applicants, including those for its retail locations (Apple Stores). Because it is also a Fortune 500 Company , Apple will almost certainly run criminal background check, or criminal history as part of this process.

Although Apple itself doesn’t provide any public information about this process, HireRight , the company that conducts background checks for several Fortune 500 companies including Apple, provides some hints about what this entails. According to HireRight, most of these businesses request criminal background checks in all counties where an applicant has lived in the past seven years.

However, a criminal record won’t necessarily preclude you from working at an Apple Store. As a disclaimer on Apple’s website states, the company “will consider for employment all qualified applicants with criminal histories in a manner consistent with applicable law.”

Because the background check required by the Apple Store is conducted for employment purposes, you have certain rights Under the Fair Credit Reporting Act (FCRA). These rights include: 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used against you; the right to know what was in the background check report; and the right to contest inaccurate or outdated information.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 vary. However, federal law excludes information about arrests that occurred more than seven years ago from background check reports. The only exception to this rule is if the annual salary for the position you are seeking is more than $75,000. There is no time limit for conviction records.

Finally, because Apple (the Apple Store) uses another company to run background checks, it must have your written consent first.

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Apple Store and Big Retail

An Apple store is an actual “brick and mortar” business (as opposed to an online platform) operated by the California-based tech giant, where people can by Apple products, such as smartphones, tablets, laptops, computers, other devices and accessories. While some Apple Store employees specialize in sales, others run diagnostics on and fix Apple products. According to one count, Apple has 450 physical locations and employs approximately 98,000 “associates,” globally.

Benefits of Working At Apple Store

As an Apple Store employee, you have the prestige of working for one of the best-known company’s in the world. This means there is intense competition for every position. In general, Apple hires people to fill the following positions at its Stores: sales associate, market leader, team leader, store manager, Apple Store leader, Genius, creative, specialist, expert, business leader, business manager, solution engineer, inventory specialist.

Salaries will vary by position. However, as an Apple Store employee, you may also qualify for certain benefits . These may include: paid time off, retirement plans with company match, student loan refinancing, health insurance and more.

How Do I Qualify To Work For Apple Store ?

The requirements will also vary by position. In general, you must be at least 18 to work in some positions and 21 to work in others. In addition to consenting to the drug screening and background checks, applicants must take online assessment tests and go through multiple interviews before being hired.

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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Apple Store Background Check Complaints

A man who applied for a position as a technical specialist with Apple in 2018 is currently named as a plaintiff in a class action lawsuit against HireRight, the company that conducts criminal background checks for the tech giant. The suit, which was filed in the U.S. District Court for the District of Maine, alleges that HireRight includes outdated information in its background check reports.

Specifically, the plaintiff claims that his background check report included felony charges lodged more than seven years prior to the report date, and that he was never convicted on any of the charges. He further alleges that the inclusion of this information damaged his chances of getting the position and that HireRight refused to take any corrective action when he disputed the report.

You Received A Pre-Adverse Action Notice From Apple Store. 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 Apple Store

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 Apple Store

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

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

If you lost out on a Apple Store 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. 

Sergei Lemberg

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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  • Roni

    I got offered a job at an Apple store with a start date but a few days later corporate called me about my background check . Note I’d supposed to go only 7 years back but a felony from 10 years ago is on there adjudication was withheld but I’m still on probation and that is why they told me it’s still showing . A week after I got offered the job someone from Apple corporate called me about the background check with many questions . He told me he won’t know for 10 days whether or not I can keep the job . He said they do a legal round table discussion . Is this true that the probation made the charge from 10 years ago show up ? That’s so unfair to get offered a job before they look at a background check . I doubt I’ll get to keep the job now and I needed the job badly. I feel like I’m reliving the case all over again csn you give me any info or if I should tetsin a lawyer if I’m turned down. I think it’s unfair that I have to wait so long to find out what they’re going to do I went through 3 intense interviews fir the job .

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