HireRight Background Check Errors Cost Me a Job. What Can I Do?

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13 Aug, 2024
5 min
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hireright background check

Inaccurate HireRight Background Checks: Real Cases and Legal Options!

Losing a job due to errors in a HireRight background check can be devastating. Learn about common issues, legal actions, and real cases where inaccuracies cost people their jobs, and what they did to bounce back! Ensure your information is correct to protect your job prospects.

Losing a job opportunity due to errors in a background check can be a devastating experience. In today's competitive job market, ensuring that all your personal and professional information is accurately represented is critical. Unfortunately, mistakes in background checks, like those from HireRight, can occur and have serious consequences. This article explores the timeframe for HireRight background checks, common issues that can arise, and potential legal actions you can take if you suffer damages due to inaccurate reporting.

How Long Does a HireRight Background Check Take?

The HireRight background check report can vary in duration depending on the level of the check conducted. Basic criminal checks typically take between two to four business days. More in-depth investigations, including employment history and education verifications, can take between five to seven business days on average. If there are discrepancies or issues that need further investigation, this process can extend to ten business days or more. In cases where additional research is required, a background check might take up to two weeks.

HireRight Cost Me a Job

Mistakes and concerns with background checks occur more frequently than most people think. Even minor discrepancies on a HireRight background check report can lead to the revocation of a job offer. Common reasons a HireRight background check may cost you a job include the following reasons.

ReasonDetails
Background check company mistakesWhen background screening companies mix up consumers' files, input the wrong dates, or do not check public records, it can lead to incorrect information being reported.
Failure to account for prior work or academic experiencesPrevious work or academic experiences might be overlooked or omitted, resulting in an incomplete background check.
Inaccurate personal informationMistakes in social security numbers, addresses, or other personal details can lead to incorrect conclusions.
Criminal records mix-upCriminal records or other negative items reported for someone else with a similar name can be wrongfully attributed.
Employer delaysEmployers may choose other candidates if the background check takes too long, delaying the hiring process.

As a job applicant you have a legal right to ensure that the HireRight report accurately reflects your true character. In fact, the Fair Credit Reporting Act requires truth and accuracy in any consumer report created about you. If there is any inaccurate information, you can dispute the information and then file a HireRight lawsuit if the company refuses to remove the errors. 

Check out some of our cases below when our clients chose to hold the company accountable for its mistakes. 

Our Cases

Misreported Attempted Murder Case

Our client faced significant challenges due to inaccurate reporting by HireRight, which provided an incomplete and outdated consumer report. This false report caused our client to lose two job opportunities, despite having explained his previous conviction to prospective employers. HireRight erroneously reported a conviction of “attempted murder” and a ten-year prison sentence, ignoring the fact that our client had been resentenced, and the attempted murder conviction vacated (dropped). As a result of this false information, our client contacted us, and we secured a sizable settlement against HireRight for its failure to follow reasonable procedures and ensure accurate reporting.

Inaccurate Class A Felony Details

HireRight inaccurately reported that our client was charged with a Class A felony of aggravated sexual assault against a child, which led to multiple job application denials. The charge had been dismissed and reduced to felony injury to a child, information that was readily available in public court records from Texas. HireRight’s erroneous reporting violated the FCRA, causing psychological and reputational damage to our client. We fought on behalf of our client and secured a large settlement against HireRight for its grossly inaccurate reporting.

Incorrect Criminal File

Our client was denied several job opportunities due to HireRight's false reporting of felony burglary and robbery convictions, which belonged to another person with a different middle name and date of birth. Despite these clear differences and the fact that our client resided in a different part of the country, HireRight reported the incorrect information. This negligence violated the FCRA, leading to multiple job denials for our client. We helped our client prove his innocence and hold HireRight accountable, resulting in a substantial monetary settlement.

Can I Sue HireRight if my Background Report is Wrong?

Generally, yes! You may have some legal grounds to pursue a lawsuit against HireRight if its false reporting caused you to suffer harm, such as losing a job opportunity. However, litigation can be challenging, and gathering sufficient evidence to meet the burden of proof is often a tough task. But a seasoned lawyer can navigate these challenges with ease while protecting your rights at every step of the process.  It’s important to consult with a background check lawyer as soon as you discover HireRight errors. The sooner you act, the faster you can recover, and possibly receive a payment for your trouble!

Below are some key considerations when determining whether you should sue HireRight.

  • If the information reported is false and the reporting was done unlawfully under fair reporting laws.
  • If you can demonstrate measurable damages (harm), such as loss of earnings, resulting from the inaccurate report.
  • If you can show that HireRight did not act with the due diligence expected of such a company in ensuring maximum possible accuracy.
  • There are likely more considerations based on your unique situation. Be sure to reach out to consumer attorneys for a consultation. 

Errors in background checks can have significant and unfair consequences and many types of  lawsuits can be costly, lengthy, and involve a lot of uncertainty. But under the FCRA, the companies that cause you harm have to pay for your legal expenses if you need to see to get errors corrected. So  consult with consumer attorneys with experience handling background check error cases before pursuing legal action against HireRight. Learn how we can help you today for no out-of-pocket cost!

Frequently Asked Questions

To check the status of your HireRight background check, contact either the company or the HR representative that initiated the check. They should be able to access the HireRight system to see the status of your background check. While you might see simple status indicators like ‘ongoing’ or ‘report prepared,’ detailed status updates are often restricted due to privacy rules. Therefore, the best approach is to contact the company and inquire directly about the status. By staying in touch with the HR representative or the company, you can ensure you are informed about any potential issues or delays in the process.

HireRight background checks are broad, typically involving identity verification, criminal records checks, and confirmation of employment history and education as stated in your resume or job application. HireRight also verifies candidates against state and federal databases and various watchlist databases. The specifics of what is included in the background check depend on the employer but generally aim to confirm your identity and the authenticity of your qualifications. Additionally, significant details, such as the existence of felony charges, are highlighted in the summary. These thorough checks ensure that employers receive a complete picture of the candidate’s background, which is crucial for making informed hiring decisions. 

HireRight claims to be “accurate” but the reality is that mistakes happen often. Mistakes so big that job applicants lose employment opportunities. If you find issues with the information provided by HireRight, you should dispute it. We suggest doing so in writing via certified mail to preserve important rights that disputing online may ask you to waive. Dispute letters must be written with specificity detailing the exact errors and why you want them corrected. Therefore, if you want errors removed or to file a lawsuit against HireRight or any other background check company, consulting with a legal professional is usually your best course of action.

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Daniel Cohen is the Founder of Consumer Attorneys. Daniel manages the firm’s branding, marketing, client intake and business development efforts. Since 2017, he is a member of the National Association of Consumer Advocates and the National Consumer Law Center. Mr. Cohen is a nationally-recognized practitioner of consumer protection law. He has a we... Read more

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