Failed a ShopRite 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

ShopRite 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 ShopRite Perform Background Checks?

Yes. According to a website catering to interested job seekers , ShopRite applicants in states other than New York must provide their Social Security Numbers to facilitate the background check process.

The extent of the background check will also depend on where the store is located. For example, under Philadelphia’s Fair Chance Hiring Law, ShopRite can only conduct a criminal background check after a conditional employment is made. The final hiring decision is made based on the results of the background check. Furthermore, criminal convictions cannot be considered unless they occurred less than seven years prior to the date of your application (not counting time of incarceration). This law also precludes ShopRite stores in Philadelphia from basing hiring decisions on information about arrests that did not result in conviction.

If your background check reveals a conviction, the Philadelphia employer must consider: the type of offense and the time that has passed since it occurred; its connection to the job you are applying for (if any); and other factors such as your job history, character references, and any evidence of rehabilitation. Finally, under Philadelphia’s Fair Chance Hiring Law, the only reasons any employers can reject you based on your criminal record are if you pose an unacceptable risk to the business or to other people.

Because the background check required by ShopRite is conducted for employment purposes, you have certain rights Under the Fair Credit Reporting Act (FCRA). These include: the right to be told if information from a background check has been used against you; the right to know what was in the background check report; and the right to challenge incorrect or outdated information.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. There is one exception, and that is if the yearly salary for the position you are seeking is more than $75,000. There is no time limit for conviction records.

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

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ShopRite and Big Retail

ShopRite is a U.S. grocery store chain with a history dating to 1951. That year, members of the Wakefern Food Cooperative (Wakefern Food Corp.) began advertising using the ShopRite brand name.

Fifty members of Wakefern FoodCorp. now own and operate more than 250 ShopRite supermarkets throughout six states (New Jersey, New York, Connecticut, Delaware, Pennsylvania and Maryland). ShopRite Supermarkets, Inc., a Wakefern Food Corp. subsidiaryalso operates more than 30 stores in New York and New Jersey.

Benefits of Working At ShopRite

Most ShopRite grocery stores are family-owned. Collectively, they serve millions of customers each week. This means there are plenty of opportunities for both full-time and part-time employment at the supermarkets. These positions include cashiers, baggers and clerks. Salaries vary by position.

As a Shoprite employee, you may be eligible for certain benefits. These include paid training and extra hourly pay for working on Sundays and holidays. Full-time employees are generally eligible for benefits including paid time off and paid sick days. Benefits available to long-term employees include healthcare coverage and enrollment in a company retirement savings plan.

How Do I Qualify To Work For ShopRite?

You must be at least 16 to work at ShopRite . Depending on which position you are applying for, you may need a high school diploma or GED. Because ShopRite will train you, you don’t necessarily need prior work experience to get a job there. Beyond that, job requirements will also vary according to the position you are seeking.

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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ShopRite Background Check Complaints

To date, there does not seem to be any readily available public information about ShopRite background check complaints or lawsuits. This may be because ShopRite stores provide FCRA consent forms to job applicants upon request . It may also be attributed to liberal hiring policies , or compliance with federal, state and local laws, such as Philadelphia’s Fair Chance Hiring Law, which we discussed above.

However, it is also important to point out that a lack of public information doesn’t necessarily mean there haven’t been any FCRA violations. Remember, if you were wrongfully denied employment at ShopRite because of a background check, you have certain legal rights under federal law.

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

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 ShopRite

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

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

If you lost out on a ShopRite 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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  • 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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