Automatic Data Processing – ADP Background Check | Free Help to Dispute Errors on Your Report

Unfair Employment Background Checks: Know Your Rights

Updated on Author: Sergei Lemberg

Updated on Author: Sergei Lemberg

Be on the lookout for Automatic Data Processing (ADP) as you go about your job search. Automatic Data Processing conducts background checks on behalf of employers. Discover what the company does and how it relates to the Fair Credit Reporting Act (FCRA).

What is Automatic Data Processing ADP?

Automatic Data Processing , Inc or ADP was founded in 1949, and is based in New Jersey. The company and its subsidiaries (ADP) offer a range of outsourcing services for businesses. The company provides employment background screening services in the United States and internationally through its subsidiary ADP Screening and Selection Services, Inc. ADP boasts that it has served more than 700,000 clients in 113 countries and that it changed the way companies do business.

Automatic Data Processing provides employment background checks that can include the following:

  • Social security number verification
  • Criminal background searches
  • Credential and license verification
  • Education verification
  • Employment verification
  • Credit reporting
  • Drug testing
  • Medical screening

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Were You Harmed by False Information or Errors in Your Automatic Data Processing Report?

Looking for a new job is stressful. There’s so much emphasis on developing the perfect resume and nailing the interview that little thought is given to an employment background check. More often than not, employers want to run a background check on a potential employee. They may want to check their criminal histories or simply verify the person’s job history that’s listed on their resume. When they do, they use a company like ADP (Automatic Data Processing) to produce a report on the potential new hire.

Of course, no one is perfect. Even the best employment screening companies make mistakes from time to time. When they do, they may provide a report to the employer that contains inaccuracies. These errors can prevent you from landing the job. A background report may contain incorrect information because they entered an incorrect social security number or outdated information that puts you in a negative light.

The FCRA – Fair Credit Reporting Act – is a federal law that ensures your right to an accurate and fair background check. It outlines employer responsibilities around notification and consent, and guarantees your right to dispute inaccurate information. The FCRA also contains a provision allowing you to sue background check companies that make mistakes that prevent you from being hired.

You may have a claim if a background check error cost you a job

Common Mistakes On Employee Background Checks:

Everyone is fallible. Databases contain mistakes. As a result, employee background checks can contain errors. Your background report could include one of the following errors:

  1. Incomplete data transferred from a database
  2. Results from a mistake caused by an incorrect search
  3. Information from someone with the same or a similar name
  4. Mixing up information from a father and son with the same name
  5. Old information prohibited by the Fair Credit Reporting Act
  6. Negative information resulting from identity theft

What are My Background Check Disclosure and Consent Rights?

A Summary of Your Rights Under the FCRA

An employer must adhere to both disclosure and consent provisions of the Fair Credit Reporting Act. On the disclosure side of the equation, the employer must provide you with information that states their intention to conduct a background check. The law is explicit: they can’t bury the information in the middle of other paperwork. The disclosure must be separate and clear.

Consent goes hand-in-hand with disclosure. In order to conduct a background check, the employer must obtain your written consent to do so.

What if I get an adverse action notice from an employer after a background check?

Under the Fair Credit Reporting Act, if an employer intends not to hire you because of information contained in your background report, they must first send you a notification. This notice must be accompanied by contact information for the background check company, as well as your right to dispute incorrection information and your other FCRA rights.

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

The short answer is yes. Both misdemeanor and felony convictions are fair game for an employment background check – virtually forever. The one exception is an expunged convictions. Expunged convictions cannot be included in your background check. Many other types of information – arrest records, civil litigation, debts in collection, and so forth – have a seven-year limit, after which they cannot be included. A bankruptcy has a ten-year inclusion limit.

Can I dispute a false disposition on my background check report?

You have the right to dispute any false information in your employment background check report. You also have the right to dispute any time-barred information contained in your report. Once you file a dispute, the background check company has 30 days to investigate and correct any mistakes.

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Can I sue Automatic Data Processing if my background report includes errors?

You may be able to sue ADP if your report contained the company didn’t properly correct any errors and you weren’t awarded the job based on your background report. If you prevail, then you may be entitled to $1,000 in statutory damages, punitive damages, and actual damages, along with court costs and attorney fees.

Actual Complaints

Hardworking people just like you who lost job opportunities due to an inaccurate or unfair ADP employment background check report have already sued the company for FCRA violations. Justia lists at least 356 federal civil lawsuits involving ADP, 24 of which are cases against ADP Screening and Selection Services, Inc., including cases that allege violations of the FCRA due to improper employment screening reports.

For example, on May 26, 2015, a consumer sued ADP in the federal district court for the Middle District of Florida alleging violations of the FCRA in connection with an employment background check and that he lost employment opportunities and suffered emotional distress, reputational harm and other damages. The complainant alleged that he applied for employment with URS Corporation subject to a background check. ADP prepared the background check but failed to use reasonable procedures to ensure the maximum accuracy possible of the report as the FCRA requires. According to the complainant, ADP falsely listed a felony conviction on the complainant’s report when, in fact, the felony belonged to someone else with a similar name. URS Corporation refused to hire the complainant based on the inaccurate background report.

This is just one of at least 17 federal civil FCRA lawsuits filed against ADP. Many of those lawsuits allege that ADP did not take reasonable steps to verify criminal background information and, as a result, falsely branded the complainants as convicted felons and caused them to lose job opportunities. Several complainants filed their lawsuits as class action complaints, on behalf of themselves and similarly situated people.

Contact Information

Automatic Data Processing – ADP
One ADP Boulevard, MS 325
Roseland, NJ 07068-1728
Phone: 800-784-3911

Ready to Assert Your FCRA Rights?

Fired or Not Hired Because of a Automatic Data Processing – ADP Employment Background Check? If so, you’re in the right place.

● We have helped thousands of people – more than 30,000 – assert their rights.
● We go to the mat with big companies and recovered more than $250 million for people just like you.
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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

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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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  • Cortney

    I was fired from my job yesterday due to information adp provided in n my background report. I dont know if the info was correct or not, because I have not received anything from them. No pre adverse notice or copy of the report. They just fired me.

  • Rod F

    I was fired after almost working for 8 months because ADP reported a bad background

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