Failed a Postmates Background Check?

Updated on April 13th, 2020 Author: Sergei Lemberg

Postmates runs background checks on applicants, but what happens if you are rejected? Don’t ignore it, or you may encounter the same problem if false errors remain on your report. You have legal rights under the Fair Credit Reporting Act (FCRA) to fix those mistakes or even sue for damages.

Does Postmates Perform Background Checks?

Yes , Postmates requires all applicants to authorize and pass a criminal and DMV background check conducted by Checkr. Postmates provides little information about the process, other than to say that it includes searches of national and county-level databases and records.

Postmates does say that applicants will be rejected if the background check yields any evidence of convictions for violent crimes, felonies, sexual offenses or drug-related offenses.

It is also important to note that because Postmates must have your written consent for the background check because it outsources the task.

Postmates and the Gig Economy

Founded in 2011, Postmates is an on-demand delivery platform that allows customers to have food and other goods brought to them when needed. Once they download the app , customers can simply place an order and the details are sent to a Postmates courier. The courier then confirms the order, retrieves the requested item(s) and brings them to the customer.

Postmates also encourages people to apply to become delivery drivers or couriers by allowing them to sign up for free, keep all of their earnings and work on their terms.

How Much They Promise You Can Earn

As a Postmates delivery driver (courier) you are an independent contractor . This means you don’t actually work for Postmates; you simply use their platform to generate your own income.

How much you’ll earn for completed deliveries depends on where you’ll be making them. This is because your earnings are based on specific formulas for designated locations. Postmates provides information for its different markets here.

In general the earnings formula includes: a certain amount for each completed pick-up; a certain amount for each completed drop-off; a per-minute-waited rate for the time spent at the pick-up location; a per-mile rate for the distance driven between the pick-up and drop-off locations; any applicable delivery bonuses; and 100% of your tips.

How Do I Qualify To Work For Postmates?

In addition to passing the background check, you must also meet the following criteria to become a Postmates driver. You must be 18, have a valid driver’s license and access to either an insured vehicle, or a bicycle. You must also have a smartphone in order to access and use the Postmates app.

And they’ll also run a background check on you….

What are my Background Check Disclosure and Consent Rights?

A Summary of Your Rights Under the FCRA

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.

Postmates Background Check Complaints

A quick scroll through reddit.com threads about Postmates yields some anecdotal evidence of problems with Postmates background checks. In one case , a frustrated applicant claimed he provided the required information to Postmates, which then sent it to Checkr. After waiting a few days without any news, he visited the Checkr website, only to find he wasn’t in they system. Then, after failing to get a satisfactory response from Postmates or Checkr, his application allegedly expired. The applicant also said he hasn’t received any satisfactory answers about whether or not he’ll be able to reapply.

In another case, a Postmates applicant claimed he was wrongfully rejected when the background check report included an arrest for firearms possession. This particular person also alleged that the charges weren’t filed and the state dropped the case, so he was never convicted. He also said that all of his attempts to contact someone about the issue were unsuccessful.
Postmates directs applicants who are curious about the status of their background check to visit Checkr’s website. Postmates also says that the amount of time required for background checks varies based on individual circumstances, and Checkr does not provide a specific timeframe for completion.

You Received A Pre-Adverse Action Notice From Postmates. 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

Can criminal convictions appear on my background check after 7 years?

Yes, but 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 job screening report can include. A report cannot list civil suits, judgments, arrest records, paid tax liens, accounts in collection or most other negative information after 7 years, or bankruptcies after 10 years. It also cannot list expunged convictions. However misdemeanor or felony criminal convictions that go on record and are accurate can stay on your background check indefinitely.

What if I was deactivated or fired because of an accident and it wasn’t my fault?

You may have legal recourse now if you were fired or deactivated by Postmates because you were involved in a no fault car accident, thanks to a groundbreaking decision handed down by the United States Court for the Sixth Circuit. The court held that material omissions, such as not reporting the fault of an accident, can be interpreted as inaccurate information under the law.

Your Right to an Accurate and Legally-Compliant Report From Postmates

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

Can I Dispute an Unfair Background Check Report from from Postmates?

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

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

If you lost out on a Postmates 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.

• Our 12-year track record of helping hardworking, regular people just like you speaks for itself.
• We have the experience, knowledge, and dedication to get you the best results possible.
• We’ve helped more than 25,000 consumers recover more than $50 million.
• We work to restore your reputation and get you the compensation you deserve. You focus on living your life.
• 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. 

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."

See more posts from Sergei Lemberg