Failed a Walmart Background Check?

Updated on January 31st, 2020 Author: Sergei Lemberg

Walmart 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 Walmart Perform Background Checks?

Yes, Walmart requires background checks for all U.S. applicants. Prior to completing a Walmart application on line, you must agree to the company’s stipulations regarding drug testing and background checks. By doing so, you are consenting to let applicable people, organizations and agencies – including law enforcement – to provide Walmart with relevant information about your background. By agreeing to the terms, you also agree that the company can deny your application or fire you later on if you lie or omit any pertinent information.

Because the background check required by Walmart is conducted for employment purposes, you have certain rights Under the Fair Credit Reporting Act (FCRA). These rights include: the right to be informed 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used against you; the right to know what was in the background check report; and the right to contest inaccurate or outdated information.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 unless the yearly salary for the position you are seeking is more than $75,000. There is no time limit for conviction records.

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

Walmart and Big Retail

Walmart describes itself as the largest retailer in the world . As such, it collectively serves more than 270 million customers on its digital platform and in more than 11,000 stores globally. It also has more than 2 million employees around the world. In addition to working in Walmart stores, employees work in its distribution centers and in transportation. Walmart employees also work in corporate positions, in healthcare positions (in its Care Clinics), and more.

Benefits of Working At Walmart

As a Walmart employee, you may be eligible for numerous benefits including healthcare/health insurance, the opportunity to start a retirement plan, paid time off, and employee discounts. You may also be eligible for maternity leave and other parental/family benefits.

How Do I Qualify To Work For Walmart?

To work at Wal-Mart , you must meet the minimum age requirement, which is either 16 or 18 depending on which position you are applying for. In addition to passing the background checks and drug screening, you must also complete an application for the position you’re interested in, pass an assessment test, successfully complete two interviews and go through a three-day orientation..

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.

Walmart Background Check Complaints

In January 2019 , a California judge allowed a class action lawsuit against Walmart to go forward. The lawsuit alleged that Walmart conducted millions of improper background checks in connection with employment screening from 2012 to 2015. Specifically, the lawsuit alleged that Walmart put confusing information about background on its job applications during that time, even though it was legally obligated to provide all applicants with clear and concise information about the background check under the FCRA.

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

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 Walmart

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 Walmart 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 Wal-Mart fails to meet those standards, the FCRA affords you a number of rights.

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

If you lost out on a Wal-Mart 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. 

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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