CVS 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 CVS Perform Background Checks?
Yes, CVS requires background checks for all U.S. applicants. But because the company does not provide any details, there is conflicting information about the process and disqualifying offenses online.
According to one website devoted to helping people with felony convictions find work, the CVS application includes about criminal history at the beginning of a CVS job application. Applicants must also grant their permission for CVS to do pre-employment background checks, which are designed to uncover any conviction that occurred in the past seven years. Applicants must also consent to a pre-employment drug test. Employment offers are contingent on passing this test.
Because the background check required by CVS is conducted for employment purposes, you have certain legal rights. Under the Fair Credit Reporting Act (FCRA), you have: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used against you; the right to know what was in the background check report; and the right to contest inaccurate or outdated information.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, you should be aware that state laws 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.
Finally, if CVS uses another company to run background checks, it must have your written consent first.
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CVS and Big Retail
The Rhode Island-based company describes itself as the largest pharmacy health care provider in the United States. CVS also says it employs approximately 295,000 people in the United States, Puerto Rico and Brazil. In all, the company claims it has more than U.S. 9,900 retail locations offering a wide range of health and beauty products. According to CVS, more than a billion prescriptions are filled at CVS each year.
Benefits of Working At CVS
In the U.S., CVS usually hires people to fill entry-level positions at its retail locations . These include cashiers, beauty advisors, beauty consultants, and pharmacy and photo lab technicians. More experienced applicants may also find work as pharmacists, shift supervisors, assistant managers, store managers, district and regional managers. Salaries vary accordingly.
As a CVS employee, you will also be eligible for various benefits , such as medical, prescription, dental and vision coverage. You may also qualify for a company contribution to a health savings account (HAS), or be able to participate in a colleague stock purchase plan. CVS also offers adoption benefits, life, accident and disability insurance, paid time off, and more.
How Do I Qualify To Work For CVS?
Requirements will vary depending on the position you are seeking. In general, you must be at least 16 to work at CVS.
Although the hiring process at retail locations may vary, it generally works this way: you must complete an online application, which will be reviewed by a CVS recruiter. If the recruiter finds you are a suitable candidate, he or she will contact you to schedule an in-person or video interview with a hiring manager. If he or she also finds you are qualified, you’ll get a job offer. The background and drug tests will be done when and if you accept the offer.
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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CVS Background Check Complaints
Because a CVS job offer is contingent on an applicant’s ability to pass the drug and background checks, some people have expressed concern about how long the background check takes.
In one Reddit forum , an applicant for a cashier/clerk position said he was still waiting for his background check results eight days after receiving a job offer. Another applicant said it took CVS nearly two weeks to review his background check, which had been “in review” because of pending charges.
In general, it should take about a week to get the results from a routine CVS background check.
You Received A Pre-Adverse Action Notice From CVS. 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 CVS
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 CVS
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 CVS 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 CVS fails to meet those standards, the FCRA affords you a number of rights.
Your Right to File A Lawsuit Against CVS if your report includes inaccurate or illegal info
If you lost out on a CVS 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.
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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."
