Failed a Caviar 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

Caviar runs background checks on applicants, but what happens if you are rejected? Don’t ignore it, or you may encounter the same problem if false errors remain on your report. You have legal rights under the Fair Credit Reporting Act (FCRA) to fix those mistakes or even sue for damages.

Does Caviar Perform Background Checks?

Yes , Caviar requires background checks for al of its prospective couriers. In a “privacy notice” on its website, Caviar advises them that it may acquire background check reports in accordance with applicable laws. Caviar also says that the information in these reports is sourced from public records pertaining to criminal convictions, arrest records, and vehicle/traffic records. Finally, Caviar says it may use information provided by applicants, including their full names, official identification and dates of birth to acquire these reports.

One applicant provided additional insight into the background check process an article on .Specifically, he noted that he received an email with a link to a background check form after an initial telephone interview with someone from Caviar.

In another blog post on , the author says that Caviar takes the background check report seriously and that any violent crime or theft is a disqualifying offense.

Caviar also says that it administers background checks in accordance with the San Francisco Fair Chance Ordinance and applicable laws in other areas.

As we have previously noted, Caviar says it conducts background checks in accordance with applicable state and local laws. However, you also have specific rights under the 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used against you; the right to know what was in the background check report; and the right to contest inaccurate or outdated information.

Although state laws vary, federal law excludes information about arrests that occurred more than seven years ago from background check reports unless the yearly salary for the position the applicant is seeking exceeds $75,000. There is no time limit for conviction records.

You should also be aware that Caviar must have your written consent prior to conducting any background checks if it uses another company to run them.

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Caviar and the Gig Economy

Founded in 2012, Caviar is a food delivery service geared towards individuals and businesses (offices/office workers). It allows them to place orders from high-end restaurants and receive deliveries through a mobile app or on the Internet.

Caviar also encourages people to become delivery drivers/couriers by promoting flexible scheduling and the opportunity to generate regular income.

How Much They Promise You Can Earn

According to Caviar, drivers (who are independent contractors) can make as much as $25 per hour. Specifically, Caviar says couriers receive a “task-based fee” for each successful delivery, but does not say what that fee is. However, an article on indicates the fee was approximately $6 as of November 2017. The same article indicates that Caviar provides bonuses based on distance traveled, complexity of the order and other factors.

Anecdotal evidence also indicates that the average daily earnings for Caviar drivers/couriers range from $200 to $400.

How Do I Qualify To Work For Caviar?

To become a Caviar courier you must be at least 18. You must also have a vehicle (car, truck, bike, scooter, or motorcycle) and a smartphone to access the mobile courier app. Finally, you must have two years of driving experience and be able to pass the background check.

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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Caviar Background Check Complaints

To date there is little public information pertaining to issues or complaints about Caviar background checks. However, on person commenting in an Internet forum did note that Caviar rejected him because of a DUI that turned up in his background check even though another gig economy business hired him. In his case, he said both companies used the same background check service.

You Received A Pre-Adverse Action Notice From Caviar. 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 Caviar

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 Caviar

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

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

If you lost out on a Caviar 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?

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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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