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
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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 A background report may contain incorrect information because they entered an incorrect social security number or outdated information that puts you in a negative light.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.
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.
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.
Automatic Data Processing – ADP One ADP Boulevard, MS 325 Roseland, NJ 07068-1728 Phone: 800-784-3911 Website: https://www.adp.com/
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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.