Failed a Grubhub Background Check?

Updated on April 13th, 2020 Author: Sergei Lemberg

Grubhub 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 Grubhub Perform Background Checks?

Yes, Grubhub requires background checks for all drivers. However, the company does not provide any detailed information about the background check process, requirements, or disqualifying offenses on its website.

However, an article on gigworker.com provides some valuable insight. Specifically, the article notes that the background check is required, as part of the application process, and that applicants must provide their Social Security Number to facilitate the background check.

The article also notes that Grubhub doesn’t actually do the background checks. Instead, the company outsources background checks to another company called Checkr.
Checkr reviews each applicant’s work and education history. It also reviews each applicant’s criminal record and driving history for the past seven years.

In general, Grubhub will not accept applicants who are documented felons, sexual offenders, violent criminals, or who are known to have significant violations on their record. However, as the article also notes, Grubhub reserves its ability to reject applicants based on its own discretion.

Because the background check is conducted as part of an application for employment, you have several legal rights in accordance with the FCRA. These rights include: the right to be told if information from a background check has been used against you; the right to know the contents of the background check report; and the right to challenge inaccurate or outdated information.

When it comes to the information about arrests that can be included in a background check report, 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 the applicant is seeking exceeds $75,000. There is no time limit for conviction records.

You should also be aware that because Grubhub uses another company to run background checks,it must have your written consent first

Grubhub and the Gig Economy

Grubhub provides a website and app that allow people to order food from nearby restaurants and pick it up or have it delivered. According to the company , its digital platform gives users the ability to order from more than 105,000 takeout restaurants in more than 2,000 cities throughout the United States, and in London. The company also says it facilitates nearly half a million orders each day, and has nearly 18 million active users.

Grubhub also allows people to apply to become Grubhub delivery drivers . It does so by promoting a flexible work schedule, good pay and the ability to keep all of their tips.

How Much They Promise You Can Earn

Grubhub says delivery drivers make a specified amount based on each order, and are allowed to keep all of their tips. Anecdotal evidence on glassdoor.com suggests that pay varies significantly, ranging from $5 to $25. The average amount reported is $12. However, it is important to note that it is unclear whether these figures represent hourly wages or earnings per order.

How Do I Qualify To Work For Grubhub?

In addition to passing the background check, you must meet the following requirement s to become a Grubhub driver: be at least 19 (except in Chicago, where you must be at least 21), have at least two years of driving experience, have a smartphone to access the Grubhub app, have a valid driver’s license and insurance and a valid checking account so you can get paid. If you want to use your bicycle to make deliveries instead of a vehicle, you must have a valid form of state identification.

And they’ll also run a background check on you….

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.

Grubhub Background Check Complaints

Although there don’t seem to be any public complaints regarding denial after a Grubhub background check, a few people in Internet forums have voiced concerns about how long it takes to get the results. In one case , someone said he hadn’t heard anything within three days after submitting his application, even though he claimed that he didn’t have any criminal history. In another case , someone else said that he hadn’t received any confirmation from Grubhub even though the Checkr website indicated he had passed his background check.

You Received A Pre-Adverse Action Notice From Grubhub. 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

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 or deactivated by Grubhub 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.

Your Right to an Accurate and Legally-Compliant Report From Grubhub

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

Can I Dispute an Unfair Background Check Report from Grubhub?

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

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

If you lost out on a Grubhub 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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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. 

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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