Uber 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 Uber Perform Background Checks?
Yes, Uber does background checks on everyone who applies to drive on the Uber app . According to Uber, this includes a review of the applicant’s motor vehicle/driving record as well as their criminal history.
The company says it also does periodic background checks on its current drivers.
According to the company , a background check that yields any of the following may result in denial of the application or removal of current drivers from its roster:
- Major driving violations or a recent history of minor driving violations; or
- Convictions for felonies, violent crimes, sexual offenses, and registered sex offender status.
Also of significance here is Uber’s stipulation pertaining to pending charges. Specifically, the information the company’s “What Does The Background Check Include” page indicates that applicants and current drivers with pending charges for crimes that fall into the categories mentioned above are also disqualified pending successful resolution of the matter in the applicant’s or driver’s favor.
Because Uber uses another company to run background checks, you must provide written consent first.
It is important to note that federal law excludes information about arrests that occurred more than seven years ago from background check reports unless the yearly salary for the position the applicant is seeking exceeds $75,000. There is no time limit for conviction records.
This is important because Uber says that when allowed by state and local law, background checks may include criminal records from throughout a person’s adult life.
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Uber and the Gig Economy
Founded in the United States in 2009, Uber is a primarily a transportation business that provides an alternative to traditional taxicab and other livery vehicle services. It does so by allowing its customers to use an app to hire a private car or share a ride to their destination instead of using their phones to call a cab.
As of 2018 Uber had global operations in 65 countries and more than 600 cities. It also had 3 million drivers serving 75 million Uber passengers worldwide. Although the United States was the company’s largest single market (with nearly 42 million users as of March 2018), only 750,000 Uber drivers were based here at that time.
How Much They Promise You Can Earn
Uber encourages people to become drivers by promoting flexibility, independence and the opportunity to make a significant amount of money.
In reality, and in absence of official company statistics, recent research determined the average U.S. Uber driver’s income ranges from $155 to $364 per month. Various reports and studies have also determined that Uber drivers working in the United States made $8.55 per hour on average, although it is important to note that these figures vary by state.
How Do I Qualify To Work For Uber?
To become an Uber driver, you must meet certain requirements, which vary depending on where you live . In general, you must be the specified age, have the required driving experience and your vehicle must meet the specified standards. If you do so, Uber also mandates that you provide a valid driver’s license, vehicle registration, and proof of insurance.
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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Uber Background Check Complaints
Uber uses another company called Checkr, Inc. to do its background checks. Although Uber touts Checkr as a reliable partner that is “accredited by the National Association of Professional Background Screeners,” there have been numerous complaints about the process and the results for both applicants and current drivers.
For example, Jay, a California Uber driver, shared his story about getting deactivated due to an unspecified issue with his background check on theridshareguy.com. He says his nightmare began when he was notified that his account “needed attention,” for no apparent reason. Eventually he learned that there was an apparent “issue with his background check,” but again received no specific information as to why. Attempts to seek clarification from Uber yielded little information and only added to his frustration. As his frustration grew, Jay – who verified that his driving record was clean – learned that his Uber account had been deactivated. The issue remained unresolved for at least two weeks, robbing Jay of a valuable source of income.
You Received A Pre-Adverse Action Notice From Uber. 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 Uber 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 Uber
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 Uber?
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 Uber 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 Uber fails to meet those standards, the FCRA affords you a number of rights.
Your Right to File A Lawsuit Against Uber if your report includes inaccurate or illegal info
If you lost out on a Uber 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.