Failed a Best Buy 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

Best Buy 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 Best Buy Perform Background Checks?

Yes, Best Buy requires background checks, including criminal background checks, for all U.S. applicants.

According to the fine print in Best Buy’s privacy policy, information provided by applicants can be used for background investigations. However, the company also notes that an applicant is not consenting to a criminal background check by agreeing to the privacy policy. Instead, Best Buy says criminal background investigations are only initiated after an applicant gets a conditional offer of employment. Best Buy also says that it will provide additional disclosure information and a separate authorization for the criminal background check is required at that time.

Although Best Buy does not provide any further insight into the criminal background check process or specify what constitutes a disqualifying offense, a criminal history may not necessarily preclude someone from being hired. For example, paperwork provided to new hires in New York State indicates that someone cannot be denied employment solely because of prior criminal convictions unless: 1) there is a direct correlation between any such criminal offenses and… the employment sought; 2) … the granting or continuation of the employment would create undue risk with regards to property or compromise the safety or welfare of “specific individuals or the general public.”

The Best Buy background check is conducted for employment purposes. This means you have certain rights Under the Fair Credit Reporting Act (FCRA), including: 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used against you; the right to know what was in the background check report; and the right to contest inaccurate or outdated information.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 the information about criminal histories in background checks vary. However, federal law excludes information about arrests that occurred more than seven years ago from background check reports unless the yearly salary for the position you are seeking is more than $75,000. There is no time limit for conviction records.

You should also be aware that if Best Buy uses another company to run background checks, it must have your written consent first.

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Best Buy and Big Retail

Founded in 1966, Best Buy is now the self-described leading provider of consumer technology products and services in North America. As such, it has approximately 125,000 employees and generates approximately $40 billion in annual revenue. It also has more than 1,000 retail locations in the United States, Canada and Mexico.

Benefits of Working At Best Buy

Best Buy routinely hires people to fill positions at its stores. These include sales associates/cashiers; customer service specialists; and inventory specialists. Best Buy also hires asset protection associates, sales consultants, sales supervisors, team leaders and general managers. Some of the most coveted positions are those affiliated with the “Geek Squad.” These employees have different job duties depending on their specific roles.

Salaries vary by position. In general, asset protection associates make $10 to $11 per hour; Geek Squad members make $13 to $14 per hour; and sales consultants make $9 to $10 per hour. Best Buy’s retail supervisors and managers can make $40,000 to $90,000 per year, depending on their specific job titles.

As a Best Buy employee, you may also qualify for certain benefits, including paid time off, life and disability insurance, stock purchase plans, tuition reimbursement and more.

How Do I Qualify To Work For Best Buy?

You must be at least 16 to work at Best Buy. Although prior retail experience is helpful, it is not mandatory. You should also have a high school diploma or GED and an interest in working with the general public, consumer electronics and technology. Additional requirements will vary depending on the position you are seeking.

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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Best Buy Background Check Complaints

Because Best Buy does not provide any public insight into its criminal background check process or what constitutes a disqualifying offense, a lot of applicants are concerned about how long the process should take and whether or not they’ll actually be hired. Specifically, several people who commented in one online job forum wondered whether they could be disqualified based on various felony and misdemeanor charges, or based on information about older convictions. However, there is little to no readily available anecdotal evidence from anyone who thinks Best Buy wrongfully denied his or her application based on the background check report

You Received A Pre-Adverse Action Notice From Best Buy. 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 Best Buy

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 Best Buy

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 Best Buy 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 Best Buy fails to meet those standards, the FCRA affords you a number of rights.

Your Right to File A Lawsuit Against Best Buy if your report includes inaccurate or illegal info

If you lost out on a Best Buy 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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  • We care because we know what it’s like to lose out on a job because a faceless company didn’t follow the law.
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  • It won’t cost you a penny out of pocket – you pay nothing until we win money for you.

Our mission is to fight for your rights. ✊

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."

See more posts from Sergei Lemberg
  • Job S

    Most employers use background checks and other pre-employment screenings during the hiring process. Once you have a job offer, you generally have to wait for the background check results before you can start. Most people do not anticipate that their background check will have errors. Sadly, mistakes on background checks are common and can keep you from getting a job. Mixed files are one of the most common causes of incorrect criminal history on a background check. All it takes is having a name that is similar to another individual and a background check company not doing their due diligence to verify that the information is correct.

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