Failed a Lowe’s Background Check?

Updated on November 23rd, 2020 Author: Sergei Lemberg

Lowe’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 Lowe’s Perform Background Checks?

Yes, all U.S. applicants are asked to give their consent for pre-employment background and drug tests. The criminal background check is done to unearth any felony conviction in the past seven years. Furthermore, information on the website indicates employment at Lowe’s may be contingent upon passing the background check, along with drug and alcohol tests.

The same website also notes that Lowe’s applications also include a question about any prior felony convictions. Although applicants with criminal records aren’t automatically denied employment with the retail giant, Lowe’s will reject anyone who has been dishonest about such a record. Other factors that are taken into account include: the type of felony conviction, the amount of time that has elapsed since the conviction, the type of position the applicant is seeking and his or her qualifications. Felony convictions for the following may be classified as disqualifying offenses: theft, fraud, or violent crime.

Because the background check required by Lowe’s is conducted for employment purposes, the Fair Credit Reporting Act (FCRA) provides you with certain legal rights. 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against you; the right to know the contents of the background check report; and the right to challenge inaccurate or outdated information.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.

You should also be aware that your written consent is required before a background check is conducted if Lowe’s uses another company to do it.

Lowe’s and Big Retail

Since its humble beginnings as a single store in 1946, Lowe’s has experienced tremendous growth, allowing it to become the second largest home improvement retailer and the eighth largest retailer in the United States. According to its website, it now has 2,370 retail locations and over 290,000 employees in the United States alone. In addition to the U.S., Lowe’s has retail locations in Canada and Mexico. It also makes products available online.

Benefits of Working At Lowe’s

Lowe’s hires people to fill positions in its stores, corporate locations, distribution centers and in its contact centers. Most people with little to no experience in retail will probably start in entry-level jobs at Lowe’s retail locations. These are usually positions as cashiers or sales associates . There are also opportunities for advancement, or opportunities for job seekers with past retail experience to apply for store management positions.

Salaries will vary by position . For example, cashiers can reportedly make $7.81 – $12.22 per hour; customer service associates can generally make $8.93 – $13.55 per hour; delivery drivers can generally earn $11.45 – $17.75 per hour; and department managers can generally make $14.32 – $19.77 per hour.

Lowe’s also offers benefits for qualified employees. These may include: medical, dental and vision Insurance; life and disability insurance; paid time off; scholarship programs; tuition reimbursement and more.

How Do I Qualify To Work For Lowe’s?

The requirements will also vary by position. In general, you must be at least 18 to work in some positions and 21 to work in others. In addition to consenting to the drug screening and background checks, applicants must take online assessment tests and go through multiple interviews before being hired.

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.

Lowe’s Background Check Complaints

In 2016 , Lowe’s settled a $2.2 million lawsuit alleging that it conducted background checks on prospective employees in violations of the FCRA. Specifically, the suit alleged that Lowe’s made hiring decisions based on the outcome of the background checks even though it didn’t give applicants copies of the reports as required by law. The suit also alleged that Lowe’s failed to provide applicants with summaries of their rights under the FCRA.

Then, in 2018 , a federal court ruling in another case alleging that Lowe’s wrongfully conducted background checks ordered the matter be resolved through arbitration. That suit alleged that Lowe’s ran the background checks without providing proper disclosures as required by law.

You Received A Pre-Adverse Action Notice From Lowe’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 Lowe’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 Lowe’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 Lowe’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 Lowe’s fails to meet those standards, the FCRA affords you a number of rights.

Your Right to File A Lawsuit Against Lowe’s if your report includes inaccurate or illegal info

If you lost out on a Lowe’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.

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.
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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. 

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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