We had a recent client come to our legal team and ask about HireRight background checks. They had applied for a job and were asked to submit to a background check. This is a pretty standard activity for most employers in the U.S. and abroad. Digital technology makes the entire process a lot more cost-effective for companies, and it saves them unwanted surprises down the road.
The problem was that our client had a sealed record. So when the background check company, HireRight, did their work, they pulled up information that was supposed to be legally sealed. This not only cost our client a prospective job but also pulled data from a credit report without furnishing our client with a copy. That directly violated the Fair Credit Reporting Act.
The whole point of the FCRA is to protect consumers from inaccurate information. It is supposed to provide us with a pathway to remedy mistakes so they cannot have a negative effect on our personal or professional lives. In the case of our client, we pursued a lawsuit against HireRight because of their negligence as a consumer reporting agency.
This is a human being who was not even the sole responsible party for a crime. Our client dealt with the repercussions of the case had the records sealed legally, and should be allowed to move on with their life. A HireRight dispute to remedy the situation and seek compensation was appropriate.
Unfortunately, situations like this happen all of the time. Most consumers do not realize they have the right and ability to fix inaccuracies on their reports but also hold organizations responsible for unfair practices.
What is HireRight Solutions, LLC?
HireRight Solutions, LLC is a background check company that has been around since 1997. They are the largest provider of employment screening services in North America and have 3 offices in Arizona alone.
They provide integrated software for major companies and websites that performs background checks whenever someone applies for a new position. It is important to remember this is based on consumer reporting agency guidelines. That means they have a strict set of rules and laws they are supposed to be following at all times.
While it is certainly helpful for a business to know if they are hiring a hacker for an IT job or someone that has committed wire fraud for a banking job, that doesn’t mean they should be accessing information that has been sealed.
How Long Does a HireRight Background Check Take?
The time it takes for a HireRight background check to completely make it back around to an employer depends on the information that is provided.
For example, your report may be delayed if they cannot find your Social Security number or driver’s license number. Anytime this information is not present, it takes the HireRight background check system longer to pull up relevant data from different sources.
Other reasons a HireRight background check is delayed could include:
- Difficulty contacting previous employers or educational institutions
- The courts have too many inquiries and can not get to HireRight’s question about criminal convictions quickly due to a backlog
- There could be a need for drug testing that slows the process
- If you have information about you outside of the United States
According to the HireRight website, an average background check will take between 10-15 working days. That number goes way down if the correct information is provided from the beginning, as most employers want an answer within 1-3 days.
How Do You Know if You Passed a Background Check?
You should receive a letter in the mail with the results of your background check. If you do not receive this letter, you can call HireRight at 1-800-479-6319 and ask them if they conducted a background check on your behalf. You should also be able to get copies of any reports they may have generated on you by contacting them at the above number. This will let you know if you failed HireRight background check and what you can do about it.
If an employer did not hire you because of information found in your background report, they are required by law to provide that reason to you or explain why no such information was found (if there were no convictions). They must also give applicants a copy of their background report for free within 10 days after receiving it from HireRight.
Have You Suffered from False Information or Errors on a HireRight Report?
If you’ve been wrongfully denied a job, security clearance, or license because of false information or errors on your HireRight background check report, it’s important to know that you have rights.
You can dispute the accuracy of the information in your report by contacting HireRight and reviewing their instructions for filing a claim online. You can also file a lawsuit against them if they fail to correct the record regarding false information.
It can be intimidating to go up against a corporation, especially one that deals in private information. Like our client, when you put something in your past and deal with it responsibly, then you do not want to have to dig it back up again in the future. Your personal rights need to be respected.
I was Denied a Job Due to My Background Check Info. What Should I Do?
In order to proceed with a dispute, you must send HireRight a written request for correction within 30 days of receiving the report. The company has 15 days to respond and correct any inaccuracies.
If they fail to correct these errors after 30 days have passed, then you may file a lawsuit against them under the Fair Credit Reporting Act (FCRA). This law requires companies like HireRight, who provide consumer reporting information, be held accountable for any inaccurate or misleading data found within those reports.
However, if your employer failed to obtain permission from you before running their own background check through HireRight’s system, then there may be little legal recourse available. Case law surrounding FCRA cases and whether or not an employer violated employee privacy rights by accessing their personal information without consent from those individuals being monitored.
That is why it is essential to hire a legal team to help you in this journey. You want someone in your corner with the experience and know-how to ensure your rights are being protected, so you do not suffer issues like false information on your background checks again.
Can I Sue HireRight if My Background Report is Wrong?
The simple answer is yes, you absolutely can pursue a HireRight lawsuit. There are several different types of lawsuits that could be brought against HireRight for a bad background check report.
In addition to negligent acts by HireRight itself, which led directly to harm being experienced by you, there are also claims which arise due solely based upon defamation. Defamation means “the act of making false statements about another person.”
The point is there are things you can do right now to protect yourself from inaccuracies in your consumer reports. We encourage you to book a consultation with our legal team if you believe this is happening or has happened to you. We have faced this uphill battle before and know how to streamline the process of getting your life back on track and preventing these issues from slowing your career advancement.
Time to stop future consequences of a failed background check. Time to give us a call at 877-615-1725 or send us an email firstname.lastname@example.org, and we look forward to advocating for you!