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Unfair Employment Background Checks: Know Your Rights

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Castle Branch is one of numerous employment background check agencies you’re likely to face during your job search. Find out who they are, what they do, and what rights you have under the Fair Credit Reporting Act (FCRA)

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What is CastleBranch?

CastleBranch, Inc. was incorporated in 2000, and is based in Wilmington, North Carolina. The company offers employment background screening services in the United States and internationally. It boasts that it is an “industry leader” and one of the largest background screening and compliance management companies in the nation” that “works with more then [sic] 25,000 organizations and nearly two thirds of colleges and universities.” According to the company, it is “one of the top 10 background screening and compliance tracking solutions companies in the nation” and it “provides organizations of all sizes with industry leading employment screening products and services.”

Castle Branch provides virtually every type of screening and background check by using the applicant’s name, birth date and social security number including:

  • Sex offender registry
  • County, state, national, and federal criminal checks
  • County and federal civil checks
  • Global Watchlist Search
  • Driving records
  • National and international employment and education checks
  • Personal and professional references
  • Drug checks
  • Credit checks
  • Social Security number tracing

The company also offers new hire and post-employment screening. This includes identity and immigration status verifications, employee audits and monitoring, random drug testing, and risk and compliance checks. The company is accredited by the National Association of Professional Background Screeners (NAPBS).

Have questions? Call us now at 844-685-9200 for a Free Case Evaluation.

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Were You Harmed By False Information or Errors In Your CastleBranch Report?

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

Whether you get hired or promoted often depends on the information learned 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 and background check companies get consent for and conduct background checks, and what they can do with the information they find.

If a background check company like CastleBranch fails to meet those standards, the FCRA gives you rights.

Common Mistakes On Employee Background Checks:

Background checks are susceptible to errors. Individuals who handle public and private data about you can make mistakes and computer systems can also fail to to be accurate. Here are some of the most common causes for inaccurate info showing on your report:

  1. Wrong or incomplete data in original documents
  2. Typos such as number transposition
  3. Copying, filing, and search mistakes
  4. File corruption in computer system
  5. Duplicate information
  6. Outdated negative information
  7. Mistaken identity
  8. Identity theft

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.

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

If an employer takes “adverse action” against you by denying you a job based partly or completely on information in a background check report, the employer must give you notice of that fact. The adverse action notice must include the contact information for the background check company and an explanation of your rights to dispute the 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 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.

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

If you don’t get a job because of information in a 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 a report, the background check company must investigate and correct any errors within 30 days.

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Can I Sue CastleBranch if my background report includes errors?

If you lost out on a job or promotion because a Castlebranch 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 costs.

Actual Complaints

Hardworking people just like you who lost job opportunities due to an inaccurate or unfair employment background check reports have already sued companies like CareerBuilder for FCRA violations.

Many of those lawsuits allege that the background check companies did not take reasonable steps to verify criminal background information and, as a result, falsely listed felony convictions, including expunged, outdated, or incorrect information, or misidentified the subject of the report. Some complaints allege that background check reports contained inaccurate educational, work, driving, credit or other personal information that the background check company was not responsive or did not properly handle disputes about inaccurate information. Some complainants have filed their lawsuits as class action complaints, on behalf of themselves and similarly situated people.

Actual Complaints Listed on the BBB website

“My package was not put together properly, my background check was not completed properly or ever fixed to be completed, requirements were left out. On December 14th I purchased my package from Castle Branch for my school requirements. There was a child abuse clearance to be included in my background check which I paid $68.25 for. Upon realization after many many phone calls to the company that the background check was not completed correctly, I was not notified of this mistake. I was the one who noticed the issue and reported it to the company, as well as my package not including all of my requirements. After alerting my school who assured me which requirements were to be included. After calling Castle Branch numerous times on 1/22/18 to ask for a refund because the services promise and paid for were never completed I was hung up on and disconnected 3 – 4 times. My issue is still not taken care of and no further background checks are being processed.”

“Poor investigation practices. Company stated I was someone else with a felony on their record causing me to lose a job. Good research would’ve shown. I grew up in Missouri. In 1989 I married a man and briefly took his last name of *****. Making my name ***************** I only used that name for two years. My maiden name is ******* (I am female). I moved to Pennsylvania in 1999 and remarried in 2001 with the last name ****. I have never used the name “*****” outside the state of Missouri. Records show that in 1989 I was employed at Ruth Jensen Village and attended college in 1990. CastleBranch stated that I lived in ******* ****** in 1989 with the name *************** and committed several felonies and was serving time in prison in 1989 for two years. I had never even been to Pennsylvania in 1999, cross referencing any of my college transcripts would show that I was in the state of Missouri during the time of this other person’s incarceration, and most likely that *************** is male when I am female. I had been hired as a professor for Rassmussen College but this background check lost me the job that I’ve been looking for for about a year. When I called CastleBranch to dispute it they treated me like I was lying and didn’t even want to hear why I was disputing it. They did a terrible job researching my past! I have had several background checks since 1989 and NEVER have been accused of having a felony! My only “criminal” records are traffic tickets! A simple background check online shows accurate information about my background. So angry I’m considering hiring a lawyer to file suit for losing me gainful employment. This background search was performed December 15, 2017. Terrible terrible company. Inaccurate reports like this can ruin a person’s life and they offer no apologies!”

Contact Information

Castle Branch Inc.

1844 Sir Tyler Dr
Wilmington, NC 28405-8305
Phone: (910) 815-3880

Website: https://www.castlebranch.com/

Ready to Assert Your FCRA Rights?

Fired or Not Hired Because of a CastleBranch Background Check? If so, you’re in the right place.

● Our 12-year track record of helping hardworking, regular people just like you speaks for itself. We have the experience, knowledge, and dedication to get you the best results possible.
● We’ve helped more than 25,000 consumers recover more than $50 million.
● We work to restore your reputation and get you the compensation you deserve. You focus on living your life.
● We care because we know what it’s like to lose out on a job because a faceless company didn’t follow the law.
● We will fight hard for you and won’t stop. We are not afraid to stand up to big, powerful companies. That’s what we do.
● 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

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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.

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