Failed a Subway 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

Subway may run 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 Subway Perform Background Checks?

It depends . Because Subway all sandwich shops are franchises, they are owned by individuals rather than one company. This means that hiring policies and practices may differ from one Subway sandwich shop to another. In some cases, owners may choose not to run background checks because of the cost and amount of time involved.

Any background checks conducted on Subway job applicants must comply with relevant local, state and federal laws. This is important because these laws determine which information can be included in the background check report. For example, there are no restrictions for information pertaining to criminal convictions. However, information about arrests may or may not be included in a background check report depending on how long ago they occurred.

Because the background check required by Subway is conducted for employment purposes, you have certain rights Under the Fair Credit Reporting Act (FCRA). These rights 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used against you; the right to know what was in the background check report; and the right to challenge inaccurate or outdated information.

Within this context, it is important to note that state laws pertaining to information about arrests may vary. However, federal law excludes information about arrests that occurred more than seven years ago from background check reports. The only exception to this ruleis if the annual salary for the position you are seeking is greater than $75,000. There is no time limit for conviction records.

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

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Subway and Big Retail

Subway describes itself as the largest submarine sandwich chain in the world. The fast food chain began with a simple partnership between a college student and a nuclear physicist, and one store in Bridgeport, Connecticut in 1965.

According to its website, there are now more than 40,000 Subway sandwich shops around the world. Subway also says more than 21,000 small business owners operate Subway restaurants in more than 100 countries.

Benefits of Working At Subway

Subway restaurant jobs include “Sandwich Artists,” who are primarily responsible for food preparation; “Sandwich Artist Pros,” who are responsible for food preparation, but have additional job duties; assistant managers; and managers. Multi-unit managers are in charge of operations at multiple restaurants. Subway also hires people to work in its corporate offices. Salaries vary by position.

As a Subway employee, you may also be eligible for certain benefits . These usually include health coverage, paid time off, participation in a 401(k) plan and paid time off.

How Do I Qualify To Work For Subway?

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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Subway Background Check Complaints

Currently, there does not seem to be any publicly available information about lawsuits or other legal action taken against Subway based on background checks. However, one applicant did make a public complaint about one shop’s hiring policy on Subway’s Facebook page.

According to the 2017 post , the applicant said he was honest about his criminal record during the interview process and was told it shouldn’t be a problem. He also claims that he began working at the restaurant, but was informed by phone less than a week later that he could no longer work there based on the outcome of his background check. Finally, the job seeker expressed disappointment about the fact he wasn’t informed he could have been terminated based on the results.

Subway responded to his concerns by saying that individual owners are responsible for hiring practices at their restaurants and directing him to try and contact the owner or manager.

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

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 Subway

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

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

If you lost out on a Subway 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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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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