HomeGoods 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 HomeGoods Perform Background Checks?
Yes. Although the retailer itself doesn’t make information about its hiring policies readily available, there is plenty of anecdotal evidence indicating that HomeGoods requires background checks for job seekers. Depending on the scope of the background check, it may include a search of regional and national databases for information about relevant criminal history (usually misdemeanor and felony charges, arrests and convictions) within a timeframe allowed by law.
There is also conflicting information about what type of criminal history (if any) will result in denial of your application/employment. Some people commenting in online employment forums say HomeGoods does not hire felons, while others say you can begin work as a store associates before the background check comes back, and you may be able to stay on based on the results.
Because the background check required by Home\Goods is conducted for employment purposes, you have specific legal rights Under the Fair Credit Reporting Act (FCRA). These are: 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against you; the right to know the contents of the background check report; and the right to contestany inaccurate or outdated information.
Another significant factor is that while state laws vary, federal law excludes information about arrests that occurred more than seven years ago from background check reports.The only exception is if the annual salary for the job you want is more than $75,000. There is no time limit for conviction records.
Finally, if HomeGoods uses another company to run background checks, it must have your written consent first.
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HomeGoods and Big Retail
HomeGoods , a subsidiary of the TJX Companies, has been in business since 1992. It now has more than 500 stores offering affordable home décor and related products throughout the United States. Customers can find merchandise ranging from pet supplies to gourmet snacks, wall art, storage, area rugs, outdoor furniture, and seasonal items at the HomeGoods standalone or “superstores,” which share space with a T.J. Maxx or Marshalls.
Benefits of Working At HomeGoods
Employment opportunities at HomeGoods usually include retail positions such as: cashier, sales associate, store manager, assistant manager, and general manager. If you’re not interested in traditional retail job, you may also be able to apply for a position in loss prevention, IT, or as a customer service agent.
Salaries will vary according to the position you are seeking. However, as a HomeGoods employee, you may qualify for benefit s including paid time off, life insurance, health insurance, and a Savings 401(k) plan.
How Do I Qualify To Work For HomeGoods?
To work at HomeGoods, you must be at least 18. In addition to being able to pass the background check, you must have a high school diploma or GED.
Specific requirements will be different based on job type. In general, however, HomeGoods likes to hire candidates with positive attitudes who have a genuine interest in working in a retail environment.
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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HomeGoods Background Check Complaints
To date, there is little to no anecdotal evidence about HomeGoods employees who feel they were wrongfully denied employment or fired based on the results of their background check. One HomeGoods employee did express concern about losing his job in an online forum , saying the retailer had given him just a few days to provide evidence that he was “not the person” in his background check results. However, he did not provide any additional information, and it was unclear if or how the matter was resolved.
You Received A Pre-Adverse Action Notice From HomeGoods. 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 HomeGoods
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 HomeGoods
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 HomeGoods 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 HomeGoods fails to meet those standards, the FCRA affords you a number of rights.
Your Right to File A Lawsuit Against HomeGoods if your report includes inaccurate or illegal info
If you lost out on a HomeGoods 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?
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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."
