Failed a TJ Maxx 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

TJ Maxx 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 TJ Maxx Perform Background Checks?

Yes. According to information posted on Indeed.com , T.J. Maxx requires background checks for job applicants. There are varying reports on the scope of the background checks; some contributors to the forum say the background check is limited to misdemeanors, while others say it checks for misdemeanors and felonies within the past seven years. One contributor said full background checks are conducted for employees as they are transferred or promoted.

Because the background check required by T.J. Maxx is conducted for employment purposes, the Fair Credit Reporting Act (FCRA) affords you certain legal rights. 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against you; the right to know the contents of the background check report; and the right to challenge inaccurate or outdated information.

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

You should also be aware that if T.J. Maxx uses another company to run background checks, it must have your written consent first.

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TJ Maxx and Big Retail

Like T.J. Maxx and Home Goods, T.J. Maxx is owned by TJX. Collectively, T.J. Maxx and Marshalls form “Marmaxx.” According to TJX, Marmaxx is the single biggest the off-price retailer of clothing, housewares and related products in the United States.There are now more than 1,000 T.J. Maxx stores throughout the U.S., and expansion is ongoing.

Benefits of Working At TJ Maxx

T.J. Maxx routinely hires people to fill numerous positions ranging from sales associates to merchandise coordinators, backroom coordinators, and customer experience coordinators. T.J. Maxx also employs people as merchandise associates, store managers, key carriers, operations managers and loss prevention specialists/agents. Hourly pay and salaries vary by position.

As a T.J. Maxx employee, you may qualify for certain benefits . Your eligibility will depend on how long you are employed, the number of hours worked and whether you are a full-time or part-time employee. Benefits for full-time employees generally include health insurance, disability insurance, paid time off and more.

How Do I Qualify To Work For TJ Maxx?

You have to be at least 16 to work at T.J. Maxx. Additional requirements will depend on the position for which you are applying. In general, however, successful T.J. Maxx applicants are interested in working in retail and providing exceptional customer service.

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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TJ Maxx Background Check Complaints

Several years ago , a man who claimed he was wrongfully denied employment at T.J. Maxx based on the contents of a background report provided by Esteem criminal background database sued both the creator and operator of that database. Specifically, the man claimed he was never convicted of a crime even though the admitted guilt, and that the information never should have been provided to prospective employers. The man also sued T.J. Maxx.

You Received A Pre-Adverse Action Notice From TJ Maxx. 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 TJ Maxx

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 TJ Maxx

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 TJ Maxx 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 T.J. Maxx fails to meet those standards, the FCRA affords you a number of rights.

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

If you lost out on a T.J. Maxx 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.
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  • 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. 

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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