Failed a Kroger 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

Kroger 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 Kroger Perform Background Checks?

Yes. Kroger requires background checks for all job applicants. According to one blog on the topic, Kroger’s background check process is similar to those required by other retail and grocery chains. It includes a comprehensive search for your criminal history (if any), which may include national and regional as well as local and state sources. These criminal history checks are usually conducted to unearth information about misdemeanor and felony offenses committed within a timeframe specified by state and federal law.

Applicants should be aware that the background check and criminal history check aren’t usually done until a job offer is made, and employment depends upon the outcome of the checks. That being stated, having a criminal history won’t necessarily prevent you from working at Kroger; instead, the company will assess your situation on its own merits. Factors such as Factors such as the type of conviction (felony or misdemeanor and nature of the offense), and the amount of time since the conviction or the completion of the sentence are usually considered.

Applicants should also be aware that the background check and criminal history review generally takes a week or more.

Because the background check required by Kroger is conducted for employment purposes, you have certain rights Under the Fair Credit Reporting Act (FCRA). These are: the right to be made aware that information from a background check has been used against you; the right to know the specific nature of the material in the background check report; and the right to dispute inaccurate or outdated information.

In 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. The one exception is if the annual salary for the position you are seeking is more than $75,000. There is no time limit for conviction records.

Finally, if Kroger uses another company to run background checks, it must have your written consent first.

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Kroger and Big Retail

Kroger, or the Kroger Company (Kroger Co.), is a U.S. supermarket chain with a history dating to 1883. What began with one grocery store in Cincinnati all those years ago is now a multi-billion dollar per year business billed as one of the biggest retailers in the country . In all, Kroger now has approximately 2,500 stores (under different names) in more than 30 states.

Benefits of Working At Kroger

Kroger has a variety of entry level, management and specialized positions for job seekers with different skills and work experience. If you’ve never worked in a grocery store or retail before, you may be interested in starting as a cashier, bagger or grocery clerk. If you already have experience working in this industry, you may be more interested in a job as a store manager or assistant manager. Kroger also hires people to work in its corporate office. Salaries will vary accordingly.

As a Kroger employee, you may qualify for benefits , such as paid time off, a retirement plan, tuition assistance and more.

How Do I Qualify To Work For Kroger?

Individual job requirements vary. In general, however, you must be at least 18 to work at Kroger. You’ll also have to take an employment test, interview for the position, and complete orientation and training.

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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Kroger Background Check Complaints

In recent years, at least two class action lawsuits have been filed against Kroger alleging that the grocery chain violated the FCRA.

In one case, a Virginia woman claimed that Kroger wrongfully denied her employment based on erroneous information in her background check report. Specifically, she alleged that the company Kroger used to do the background check mistakenly identified a misdemeanor offense as a felony conviction. Although the woman reported the matter and had it corrected quickly, she claimed Kroger still refused to hire her.

In another case, an Alabama man also claimed the Kroger wrongfully refused to hire him based on the contents of a background check. In that case, the man claimed the background check included information about felony charges and convictions for crimes he didn’t commit. Furthermore, he alleged that Kroger violated the FCRA by failing to provide a copy of the inaccurate background report as required by law.

You Received A Pre-Adverse Action Notice From Kroger. 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 Kroger

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 Kroger

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.

Your Right to Dispute an Unfair Background Check Report from Kroger

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

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

If you lost out on a Kroger 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.

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  • 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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  • Ashley

    I was hired at Kroger and then put on Leave Of Absence for the background check. I was told I would receive 7 days of paid leave for this time. I never received the LOA pay, the refuse to return my calls. I’ve tried everything and have accepted Ill never receive that pay.

  • Kayla S

    I’ve been working at the Kroger King Soopers store in Broomfield Colorado for over 2 weeks and was just let go today (fired) because my background check came in I don’t have any serious charges in my background check and don’t understand why I was let go especially during this time in this world during a covid-19 crisis

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