Kohl’s 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 Kohl’s Perform Background Checks?
Yes. Kohl’s requires background checks for job applicants. To facilitate this process, any applicant who receives a job offer must complete a background check profile. Once they have done so, Kohl’s will proceed with the pre-employment check process, which is conducted by another company called First Advantage. According to information in the career section of the Kohl’s website, this process can take at least a week.
According to information posted on a website dedicated to helping convicted felons re-enter the workforce, Kohl’s reviews relevant databases for evidence of each candidate’s criminal history (if any) as part of this process. This type of search generally unearths information pertaining to charges, arrests and convictions within a timeframe specified by applicable laws.
However, the same source indicates that having a criminal record won’t necessarily prevent an applicant from being hired. Kohl’s will consider several factors, including: the type of conviction, the number of convictions, and the amount of time since he or she was released.
Each candidates experience and skill is also taken into account.
Because the background check required by Kohl’s is conducted for employment purposes, you have certain rights Under the Fair Credit Reporting Act (FCRA). These rights include: 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used against you; the right to know what was in the background check report; and the right to contest inaccurate or outdated information.
Within this context, it is important to note 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.
Finally, if Kohl’s uses another company to run background checks, it must have your written consent first
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Kohl’s and Big Retail
Kohl’s is best described as a specialty department store. In all, there are more than 1,000 brick and mortar locations in all but one state. It also employs nearly 140,000 people in its stores.
Kohl’s history dates to the 1920’s, when the business began with just one simple corner grocery store.
Benefits of Working At Kohl’s
In addition to its stores, Kohl’s routinely hires people to work in distribution and its corporate offices. Some examples of retail positions are: cashiers, customer service associates and freight associates. Salaries vary by position.
As a Kohl’s employee, you may also qualify for certain benefits . These include paid time off, different types of insurance coverage, retirement funds and employee discounts.
How Do I Qualify To Work For Kohl’s?
To work at Kohl’s you must be at least 16. Depending on the position you are seeking, you may need a high school diploma. Other than that, job requirements will vary by position. Successful candidates generally have good demeanors and effective communication skills. Prior experience is not necessary for some entry-level positions.
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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Kohl’s Background Check Complaints
In 2015 , plaintiffs filed a federal class action lawsuit against Kohl’s in California. They alleged that Kohl’s wrongfully background checks in as part of a pre-employment screening process. Specifically, they alleged that Kohl’s used confusing and misleading information to convince applicants to consent to the process, thereby violating the FCRA. However, a California federal judge dismissed t he case a few months after it was filed
You Received A Pre-Adverse Action Notice From Kohl’s. 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 Kohl’s
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 Kohl’s
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 Kohl’s 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 Kohl’s fails to meet those standards, the FCRA affords you a number of rights.
Your Right to File A Lawsuit Against Kohl’s if your report includes inaccurate or illegal info
If you lost out on a Kohl’s 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.
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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."
Kohl’s 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.