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Unfair or inaccurate reports costing job seekers employment: Know Your Rights

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Updated on Author: Sergei Lemberg

Updated on Author: Sergei Lemberg

Employment Background Check Rights FCRAHireRight Solutions 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)

What is HireRight Solutions, LLC?

HireRight , LLC was founded in 1990, and is based in Irvine, California, although it has other offices in the United States, in Canada, Hong Kong, Dubai, India, Singapore, the Philippines, the United Kingdom, Estonia and Poland. The company offers on-demand employment background screening services in the United States and internationally. According to HireRight’s website, it is “one of the world’s largest providers of employee background checks.” Its “world headquarters” in Irvine, California “is supported by a network of offices and experts across the United States and around the world.” The company boasts that it reaches “200-plus countries and territories with more than 150 unique background check service offerings.” HireRight developed the industry’s first Internet-based background screening solution and launched it in 1997. It now offers more pre-integrated background screening software solutions than any other provider.

HireRight 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

This 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.

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 HireRight Report?

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 HireRight fails to meet those standards, the FCRA gives you rights.

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

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 HireRight if my background report includes errors?

If you lost out on a job or promotion because a HireRight 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.

Complaints Against HireRight

Hardworking people just like you who lost job opportunities due to an inaccurate or unfair HireRight employment background check report have already sued the company for FCRA violations. Justia lists at least 19 federal civil lawsuits against HireRight, including cases that allege violations of the FCRA due to improper employment screening reports.

For example, on March 13, 2018, Lemberg Law filed a complaint on behalf of a consumer against HireRight, LLC in the federal district court for the Northern District of Georgia for violating the FCRA in connection with an employment background check and that the complainant lost employment opportunities and suffered emotional distress, reputational harm and other damages. The complaint alleges that First Data offered her a position as payroll accountant contingent on a background check, but rescinded the offer based on an inaccurate employment background check from HireRight. According to the complaint, HireRight prepared the background check but failed to use reasonable procedures to ensure the maximum accuracy possible of the report as the FCRA requires. The complaint alleges that HireRight falsely listed a felony conviction (insurance fraud) on the complainant’s report when, in fact, the charge had been disposed of with no adjudication of guilty, and with a statement that the disposition completely exonerated the complainant, could not be considered a conviction, and could not be used to disqualify her from employment.

On November 27, 2017, a consumer sued HireRight, LLC in the federal district court for the Western District of Wisconsin for violating the FCRA in connection with an employment background check and that he lost employment opportunities and suffered lost wages and benefits, emotional distress, reputational harm and other damages. The complainant alleged that he was a tractor-trailer driver. He had a job with Sunco Carriers, Inc., but that Sunco terminated him based on an incorrect employment background check from HireRight. According to the complainant, HireRight prepared the background check but failed to use reasonable procedures to ensure the maximum accuracy possible of the report as the FCRA requires. The complainant alleged that HireRight falsely stated that he had been involved in a “preventable” vehicular accident driving a tractor-trailer while working for his prior employer when, in fact, he had not. It also falsely stated that he was a “no-show” at his last job, although he had voluntarily resigned. When the complainant learned of the background report and obtained a copy, he contacted HireRight multiple times to dispute the false information. Hire Right failed to perform a reasonable reinvestigation and allowed the false information to stand.

These are just two of at least 16 federal civil FCRA lawsuits filed against HireRight. Many of those lawsuits allege that HireRight did not take reasonable steps to verify criminal background information and, as a result, falsely branded the complainants as convicted felons and caused them to lose job opportunities. Several complainants filed their lawsuits as class action complaints, on behalf of themselves and similarly situated people.

The BBB has also received complaints alleging HireRight violated the FCRA in connection with employment background checks. Many of those complaints allege that HireRight reports falsely listed felony convictions, or included expunged, outdated, or incorrect education, driving record, or other information. Some complaints also allege that HireRight was not responsive or did not properly handle disputes about inaccurate information.

A Sample of Actual Complaints Listed on the BBB website

“Hireright was hired to perform a background check for me for employment services. They completed the background check without properly verifying the information through the criminal courts and reported to the company that I had a criminal record. Had they done their research properly they would have been able to see that the last four digits of my social security number and date of birth did not match the criminal record that they attached to my name and provided to the company. I then distributed the information and was put in contact with an employee for hire right by the name of ****** **** ********** who would be taking care of my dispute. **** requested documentation including my social security number photo ID birth certificate and marriage license via email which I sent over. One of the pictures of my social security number that I sent over was blurry and she could not make out the numbers instead of requesting that I sent over a new picture which I eventually did she accused me…”

“I was hired at a new job and was required to have background check ran on me by “Hireright” and I was supposed to put in a 2 weeks notice at my current job. Well Hireright is now going on 2 weeks of the process and blaming it on the courts. BS! I called the courts, they haven’t heard or revived anything from Hireright. This company is playing around with my future. And I don’t know if I’m going to be able to start my new job on Monday. And did I just lose my current job? I’m so upset and frustrated. I have been excited about starting this new job and I CAN NOT start until the background check is complete. Every time I contact Hireright and confront them about the issue, they act like they could care less. It is not their problem, it is not their future at stake. This company should be sued and shut down. They are losing people their job’s left and right (read the reviews). Someone needs to do something about this. I worked really hard to get that interview and then was called back in for a second interview and was hired. HOW DARE YOU HIRERIGHT TAKE THAT OPPORTUNITY AWAY FROM ME!”

“Hireright is reporting erroneous information regarding my background. They are showing multiple open cases when all cases are disposed of. They are reporting falsely regarding my probation. They claimed they verified this information with the courts yet they stated I was on probation in Nevada and I am on administrative probation in Florida. Had they actually confirmed the information like they stated it would have been known especially when 3 cases were no filed 2 others were disposed interstate compact was cancelled and administrative probation was awarded. My probation never transferred to NV. These were all on court orders and could have been verified easily through the Florida courts had they actually investigated my complaint for the wrong information.”

Contact Information

HireRight LLC
3349 Michelson Drive, Suite 150
Irvine, CA 92612
Phone Number: 949-428-5800

Ready to Assert Your FCRA Rights?

Fired or Not Hired Because of a HireRight, LLC Employment 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

What Our Clients are Saying

“Know that you, Vlad, and your firm did a good thing. You took on a big company for little people and righted a wrong. For this we are grateful.”

“I will not hesitate to contact you or recommend your services to others for pertinent legal issues. Please keep up the outstanding work you do, and again, thank you for assisting me through this difficult time. I am most grateful. I can’t say thank you enough!”

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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25 COMMENTS
  • Jose

    Hire right took so long getting information, my employer could no longer wait, it has been 3 weeks already and still the report is incomplete. They use credit history and if you appear anywhere else they ask for court records but they never send the courts your info so the court has no idea if its the right one, nothing they said made sense and I definitely know my record is clean I am cleared by TSA and also have Concealed carry permit.

  • LW

    “HireRight” to “ErrorinReporting Background Checks,” reported information from my Sealed Record. The program I attended was on the report specifically stating, “Excl. Type 1128(a)(1)- PROGRAM-RELATED CONVICTION. Needless to say, I did not get the job. The court reported “passed.” Now I want to sue them.

  • Deborah G

    Hire Right has reported a discretion that was 22 years old. After stating in their background check that if it was older than 7 years old, I would not have to disclose so I didn’t, but they did. They made me look like a liar with my new company. Still don’t know if I got the position or not, but they closed my dispute with them in 1 day

  • Dawn C

    My background check came back with incorrect information. I believed my identity was stolen. I did not get the opportunity to work with the Company. I have never had an issue with my background checks. This is completely unacceptable!

  • Director

    Unfortunately, mistakes on background checks and credit reports are common. Wether it is due to old information, human error, or crossed files, you have the right to dispute reporting errors made by HireRight. They must investigate and prove their information true within 30 days, or remove the mistakes. Johnson, Jasmine v. HireRight. Claimant applied for, and was offered a job at a large local employer. She started her job, and during her first week was called into HR to discuss the contents of her background report that had just been run. HireRight provided the employer with a background report that contained multiple convictions related to another person. As a result of the convictions on Claimant’s report, Claimant was temporarily suspended until the report could be corrected.

  • Trina N

    USPS where I worked from 2016 to 2019 before moving to Georgia, is refusing to hire me despite that I am qualified for the job by stating that I do have a postal history concern while during my employment in the USPS I never been subjected to any disciplinary action until I resigned on January 2020 due to the bad car traffic in Atlanta

  • Bobby

    I am currently fighting tooth and nail with trying to secure my job offer. A month ago, I received a job offer to work as a contractor for the Boeing company. After undergoing the contractors background check (which I passed) I started working for the Boeing company. ( mind you, I left my previous job of 10 years to take on this promising opportunity). About a week later, I get a call to interview for a direct hire position within the company. Long story short, hireright didnt report crucial information on my background check like the other background check company did and because of that information, I have since then lost my job as a contractor and not under consideration for the direct hire position. Devastated is an understatement!!! Currently disputing it as we speak

  • Rakeem M

    Hi, hire right has put inaccurate information twice on my report. This is the second time I had to correct information from them. I was denied employment and this information takes up to 10 business days to research. It is holiday season and I need to work. They have put duplicate speeding violations on my MVR and I am a truck driver this has made me upset. Please contact me by email.

  • Dorothy T

    HireRight went back on my past over 15 years. They disclosed 3 times of the same case on my report making it look like I was charged 3 times for the same offense. It has costed me my dream job. I need help!

  • Randy J

    I had worked for The Boeing Company for 28 years. I was retired and decided that I wanted to work for 5 more years. After applying for several jobs I received a job offer. I completed the drug test, medical test and background check application. I passed all except the Education section. I attended Everett Community College for 1 and a half years but did not graduate. I disclosed that on my Boeing Job Seeker account, my job applications, (including the job I received the offer for) and on my HireRight application. After a few days I received a letter from The Boeing Company stating that my job offer was withdrawn. I found out that it was because HireRight incorrectly got my education dates completely incorrect and stated that I claimed to have a degree. This was very disappointing considering the fact that I had already worked for The Boeing Company for nearly 30 years!

  • AnThony T

    I called in to inquire about a pending charge (before the background check completed) and they elected to include a “Self-Reported Court Record” under the report. On top of that, the info was inaccurate and worst of all, they duplicated the single record making it appear like I have two of the same charges!! And then to top it all off, they wrote that I take prescriptions under the comments section of the drug test. I think they need to run background checks on their own employees because clearly someone (from the business of background screenings) who would taint another person’s image like that might not have completed college!

  • Michael

    I am not interested in a lawsuit against Hireright at this time. However, for the 3rd time I have had to deal with this company and it is the same story. They get hired to perform a background check on me. They then email me and have me get my Employment verification to them because they can’t verify it. What is the point of hiring this firm when they are obviously incompetent. It seems fraudulent. They get paid, I do the work, for the 3rd time. It’s easy, picking a phone up or sending an email gets me what I need. I thought they some sort of “Advanced software” system and professionals who know where to look or who to contact to collect the information. They’ve, a few years back, reported erroneous information regarding my residence and this was after the Fed. Lawsuit. They haven’t learned their lesson. Hireright needs to be shut down, PERIOD. They should change their name to Hirewrong, because they are wrong.

  • Betty S

    My HireRight background report contains errors. The company has refused to tell me who provided the information and has not offered to correct the report.

  • Chadrick A

    There was a situation that was put on my DAC report in December 2017….I have fought tooth and nail im trying to have this removed and or not down to a non-preventable situation …. there was no harm there was no file and there was no cost of money no record of money being paid out. …I have went before a review board with the company I am currently with I have filed a dispute form with HireRight….But yet I have gotten nowhere I started chipping away at this about the second week in February of this year….They tell me that they have no record of what Im trying to dispute…But yet this information was given to a trucking company less than seven months ago… and I have the information that come from higher right saved in my documents …..I could go on and on about this… please help !!!! Thanks

  • Allen K

    Hire Right has got my records all messed up with someone else. As a result of Hire Right’s retaining such information in my files. It could cost me a position with an employer. I have been aware of this information prior to today. However, I didn’t follow up with HireRight to see if it was removed. I had reached out to Hire Right awhile back addressing my concerns that the items need to be deleted, but apparently, it’s still on my record. Perhaps, I need to take this a step further with you. Can you assist me with these issues? It is a couple of different things wrong with my Hire Right reports. I’m willing to go into further detail over the phone.

  • Keniesha C

    HireRight costed me two job opportunities, due to a lack of information! They argued me down and told me that I had a felony when I made an attempt to dispute! This place needs to be shut down.

  • Vaughn R

    Hireright is providing a report to me that is missing all recent data.
    This is not identical to what is being provided to employers.

  • Patrick M

    Hireright has cost me a position start date due to inaccurate/lack of reporting for the second time. I’m concerned that the impact on my livelihood may be a legal matter that deserves attention.

  • James

    Agreed every comments here. Hireright is the worst screening company I have ever seen – the most irresponsible frustrating that might costs your hard earned jobs be it current / new one. Wish this crap be shut done ASAP !!

  • Stephanie p

    HireRight went back 20+ years for my background.

  • Robert L

    A past employer is stating I refused a drug test when in fact I resigned because I was moving out of state. Also is there anyway to just block hireright from getting my information?

  • Paladino

    Just found out hire right had. Incoming on me with my ny license suspension from car insurance labs. 7 years no accident report. Being listed as not unelegable to hire for truck driving employment. That is illegal I called lemberg law firm for help

  • Kelly J

    Hireright went past the 7 years and also has in accurate alias for my name 12 of them!
    Please contact me

  • Teresa G

    I am disputing the accuracy on my education. I will like to file a dispute and the opportunity to provide proof.

  • Jabari A

    CT Transport reported “I was Discharged not eligible for rehire” I quit !
    I also got a ticket by state trooper in Florida reports say “I was operating beyond the 8 hours “ I had 2 hours left

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