Failed a Home Depot 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

Home Depot 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 Home Depot Perform Background Checks?

Yes, Home Depot requires background checks for all U.S. applicants. These background checks, which are done after completion of the application, but prior to orientation, are done to verify someone’s criminal history (or lack thereof) over the past seven years.

Based on the findings , applications are red flagged, yellow flagged or green flagged. Applications submitted by people with no relevant criminal history whatsoever, or an insignificant criminal history, are green flagged. Applications submitted by people who have a questionable criminal history are yellow flagged, and those submitted by people who have committed disqualifying criminal offenses are red flagged.

Because the background check required by Home Depot is conducted for employment purposes, you have certain rights Under the Fair Credit Reporting Act (FCRA).Specifically, 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used against you; the right to know what was in the background check report; and the right to dispute inaccurate or outdated information.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.

Keep in mind that if the Home Depot uses another company to run background checks, it must have your written consent first.

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Home Depot and Big Retail

Founded in 1978 , the Home Depot now bills itself as the world’s largest home improvement retailer. As such, it has more than 2,200 stores in the United States, Canada and Mexico. The company also employs approximately 400,000 people and collectively offers more than 1 million products in its stores and online.

Benefits of Working At Home Depot

The Home Depot hires people for positions throughout the company , including retail, merchandising, supply chain, and home services. Qualified candidates can also apply for positions in the company’s corporate offices, technology or contact centers.

All Home Depot employees can qualify for various benefits . These include various types of health insurance, financial benefits, and paid time off. Additional “work/life balance” benefits, such as tuition reimbursement and relocation assistance are also available.

How Do I Qualify To Work For Home Depot?

The job requirements vary depending on which position you are seeking. But in general you must be at least 18 to work at the Home Depot. Although you don’t necessarily have to have any prior work experience if you are applying for an entry-level job , having certain intrinsic qualities, such as the ability to get along with others and juggle multiple tasks, is helpful.

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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Home Depot Background Check Complaints

Back in 2014 , a Texas man brought a federal lawsuit against Home Depot. In it, he said he applied for a position online, and clicked the “I Agree” button to acknowledge his compliance with certain terms and conditions. He also said that he willingly provided information about his past, and completed an interview drug test as required. However he alleged that the companynot only refused to hire him based on information in his background check report, but also refused to provide him with any information about the findings as required under the FCRA.

The man also accused Home Depot failing to advise him and other online applicants about the use of consumer reports or the information sourced from such reports.The outcome of the lawsuit is unknown

You Received A Pre-Adverse Action Notice From Home Depot. 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 Home Depot

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 Home Depot

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

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

If you lost out on a Home Depot 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.

  • 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.
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  • 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. 

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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  • Skyler B

    I have worked for Home Depot for 2 years now with them running a background check for emplyment and every year since. Nothing new has shown up on my background. Just a charge from 2017. They decided as of this year, they will no longer accept my background and fired me. This is ridiculous! How can you work for a company for 2 years and then all the sudden they decide that your background is not ok?!

  • Jacob S

    I was given a job offer immediately during an interview at Home Depot, and accepted the job offer pending a completed background check. I was told that the result of my background check itself would NOT affect my job offer, and that it was up to “them”. After the background check showing a previous conviction that I already disclosed during the interview before my job offer, I have not received any further notice of denial nor has my employment began.

    This seems like my criminal background is the sole reason for denied employment at Home Depot, who claims they are an equal opportunities employer and therefore is unlawful.

  • Ashley C

    I was hired at home Depot then 3 weeks later terminated cause my background check… Please help me, this is unlawful.

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