HireRight 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
National and international employment and education checks
Personal and professional references
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.
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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.
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:
Wrong or incomplete data in original documents
Typos such as number transposition
Copying, filing, and search mistakes
File corruption in computer system
Outdated negative information
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.
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.”
3349 Michelson Drive, Suite 150
Irvine, CA 92612
Phone Number: 949-428-5800
Ready to Assert Your FCRA Rights?
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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.