Shipt 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 Shipt Perform Background Checks?
Yes, Shipt says it uses another company called Checkr to conduct background checks on independent contractors (Shoppers). Specifically, Shipt says it acquires various consumer reports for each applicant as permitted by state and federal employment laws. Shipt also says that the thorough background checks include searches of several federal databases.
You should also be aware that because Shipt uses another company to run background checks, it must have your written consent first.
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Shipt and the Gig Economy
Launched in 2014 , Shipt is a website and app that allows users to select the groceries they need, order them, decide how to pay, and schedule deliveries. However, they must become members prior to doing so.
Shipt also allows people to apply to become Shoppers . These are the people who accept orders from Shipt members, find the items at the store and make the deliveries. Shipt encourages people to become Shoppers by promoting the ability to create their own work schedules, work for themselves and the potential to make a significant amount of money.
How Much They Promise You Can Earn
Shipt Shoppers are independent contractors. This means that they secure work through the Shipt platform, but aren’t actually employed by Shipt.
While the amount they can make varies greatly, Shipt claims that veteran Shoppers can make as much as $22 per hour. There is also anecdotal evidence indicating that Shipt Shoppers make an average of $10 to $15 per hour. Shipt Shoppers are also allowed to keep all of their tips.
How Do I Qualify To Work For Shipt?
To be a Shopper you must be at least 18. You must also have a reliable vehicle (Shipt prefers vehicles made after 1997), valid car insurance, and a valid U.S. driver’s license. Shipt also mandates that Shoppers have an insulated cooler bag, be familiar with groceries, and be able to lift at least 40 pounds. Finally, you must have a smart phone to access the Shipt app and a valid U.S. bank account so you can get paid.
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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Shipt Background Check Complaints
To date, there is little actual or anecdotal evidence pertaining to issues with Shipt background checks.
However, one Reddit user shared an experience in which he had difficulty contacting someone at Shipt to clarify an incident that had occurred more than a decade ago and turned up in his background check report. He also said there were mistakes in the “personal assessment” he received from Shipt, and that he allegedly received confidential information pertaining to someone else.
You Received A Pre-Adverse Action Notice From Shipt. 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 Shipt
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 Shipt
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 Shipt 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 Shipt fails to meet those standards, the FCRA affords you a number of rights.
Your Right to File A Lawsuit Against Shipt if your report includes inaccurate or illegal info
If you lost out on a Shipt 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?
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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.
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