Marshalls 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 Marshalls Perform Background Checks?
Yes, Marshalls requires background checks for U.S. applicants. According to one online source, the background check is done to verify information the job seeker puts on his or her application. Information that can’t be verified through the background check may lead to delays in processing the application or even result in a job offer being rescinded.
Beyond that, however, there is little to no readily available public information about what the process entails or how long it takes.
Because the background check required by Marshalls is conducted for employment purposes, you have certain 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used against you; the right to know the contents of the background check report; and the right to dispute inaccurate or outdated information.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 Marshalls uses another company to run background checks, it must have your written consent first.
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Marshalls and Big Retail
Marshalls is owned by TJX , which acquired it in 1995. Collectively Marshalls and its sister store, T.J. Maxx, form a retail entity that TJX calls “Marmaxx.” According to TJX, “Marmaxx” is the largest off-price retailer of clothing and housewares and related products in the United States.
Marshalls, which has stores throughout the United States, including the District of Columbia, and in Puerto Rico, maintains its own identity by offering shoes, boots, sneakers and so forth; a designated department for juniors; and a designated department for men. Customers can generally expect to find well-known brand name and designer merchandise at significant discounts .
Benefits of Working At Marshalls
Marshalls hires workers in a number of different areas , ranging from corporate to its retail locations and distribution centers. Corporate positions include but are not limited to financial analysts and auditors; loss prevention specialists; and various marketing roles. Retail operations positions generally include store managers and sales associates. If you want to work in a Marshall’s distribution center, you may be interested in becoming a warehouse associate, a loss prevention supervisor, or a warehouse supervisor. Hourly wages and salaries will vary by position.
As a Marshalls employee, you may be eligible for various benefits. Your eligibility will depend on how long you work at Marshalls and how many hours you work. These benefits include paid time off, employee discounts, health insurance and more.
How Do I Qualify To Work For Marshalls?
To work at Marshalls, you must be at least 16, although the age requirement for some positions is 18. You must also be able to work legally in the United States. Requirements for specific positions will vary.
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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Marshalls Background Check Complaints
To date, there is no readily accessible public information about Marshalls employees who have been fired or applicants who haven’t gotten jobs based on the information in their background check reports. However, a contributor on one online job forum who claimed to work for an unspecified TJX company for two years, warned against working at a distribution center and alleged the background check process is “terrible.”
You Received A Pre-Adverse Action Notice From Marshalls. 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 Marshalls
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 Marshalls
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 Marshalls 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 Marshalls fails to meet those standards, the FCRA affords you a number of rights.
Your Right to File A Lawsuit Against Marshalls if your report includes inaccurate or illegal info
If you lost out on a Marshalls 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 a lawyer whose practice focuses on consumer law, class actions and personal injury litigation. He has been repeatedly recognized as the “most active consumer attorney” in the country. In 2020, Mr. Lemberg represented Noah Duguid in the United States Supreme Court in the case entitled Duguid v. Facebook. He is the author of Defanging Debt Collectors, a book that teaches consumers how to battle debt collectors and win.