HireRight Background Check Errors and Employment Denials: Your Rights Under Federal Law
- Blog
- Employment Background Check Errors
HireRight Background Check Errors and Employment Denials: Your Rights Under Federal Law
Lost a Job After a HireRight Background Check? When Inaccurate Reporting Gives You the Right to Sue
Losing a job due to a background check error isn't merely disappointing - it's destabilizing. One moment, you're planning your start date; the next, the offer has evaporated, often accompanied by little more than a vague reference to "the report." When HireRight produced that report and the information it contains is wrong, this isn't a matter of bad luck. It's a legal violation.
Every week, we hear from people who were fully qualified, who sailed through every interview stage, who were prepared to begin work, only to watch everything collapse because HireRight reported inaccurate, outdated, or conflated information. The consequences are immediate and unforgiving. Rent still comes due. Bills don't pause for explanations. And hiring windows don't reopen on goodwill.
If a HireRight background check error has cost you a job, you are not obligated to accept it quietly and move on. In many cases, the Fair Credit Reporting Act grants you the right to sue and pursue compensation for the tangible harm you've suffered.
This article explains when HireRight can be held legally accountable, what forms of damages may be recoverable, and how Consumer Attorneys helps people take action when background check errors destroy real opportunities.
In this article, you’ll learn:
- Understanding the Harm: Why HireRight Cost Me a Job
- Your Ultimate Right: Sue HireRight Under the FCRA
- HireRight Dispute vs. Filing a Lawsuit: Which One Actually Helps?
- Steps to Take When Your Report Is Wrong
- How Much Compensation Can You Get for a HireRight FCRA Claim?
- Why Choose a Lawyer for Your HireRight FCRA Violation Claim?
Understanding the Harm: Why HireRight Cost Me a Job
Background checks are often treated as the final gate in the hiring process. Once an employer receives the report, the decision is usually swift and rarely revisited. That means any error in the report carries outsized weight.
When HireRight reports information that is inaccurate, incomplete, or misattributed, the result is often an immediate denial, sometimes without the applicant ever seeing the report first.
Denial due to a failed or incorrect HireRight background check (real examples)
We regularly see cases where people lose job opportunities because HireRight reported:
- criminal records that belonged to someone else,
- cases that were dismissed, sealed, or expunged,
- charges without final dispositions,
- incorrect employment history,
- or outdated information that should no longer be reportable.
These errors are not confined to one industry. They show up across logistics, retail, healthcare, manufacturing, technology, and transportation. People come to us everyday with these issues:
- “HireRight denied Amazon job”
- “Walmart employment denied due to HireRight error”
- “Apple background check HireRight problem”
- “Microsoft HireRight background check failed”
Different employers. Same pattern.
And this is not rare. According to a Federal Trade Commission study, one in five consumers has an error on at least one of their consumer reports.
When those errors appear in an employment background check, the consequences are immediate.
Our Cases
The following examples reflect the types of HireRight errors we regularly see when inaccurate reporting costs people real job opportunities.
Vacated Conviction Reported as Active Offense
HireRight reported an attempted murder conviction that had been vacated and a sentence that had been changed. The correct court information was available, but the outdated conviction remained on the report. Our client lost multiple job opportunities as a result. We pursued an FCRA claim based on failure to ensure accuracy and resolved the matter through settlement.
Dismissed Charge Reported as Serious Felony
In another case, HireRight reported a Class A felony charge that had been dismissed and reduced. The public court record reflected the correct disposition, but the report did not. Our client was denied multiple jobs before we intervened and secured a resolution.
Mixed File Resulting in False Felony Convictions
HireRight reported burglary and robbery convictions that belonged to a different individual with a different middle name and date of birth. Despite clear discrepancies, the records were attributed to our client, leading to repeated job denials. We established the mixed file error and obtained monetary recovery.
Measuring the damages: lost wages, lost opportunities, emotional distress
When a HireRight error costs you a job, the harm is not abstract. It is measurable and personal.
That harm may include:
- wages you would have earned,
- benefits tied to the position,
- relocation costs that are now sunk,
- lost opportunities when the role is filled before the error is corrected,
- and emotional distress caused by the sudden disruption to your plans and financial stability.
Courts recognize that employment-related background check errors can cause real damage. That is why the Fair Credit Reporting Act allows recovery not only for financial loss, but also for emotional distress in appropriate cases.
Your Ultimate Right: Sue HireRight Under the FCRA
HireRight is not just a vendor. It is a consumer reporting agency under federal law. That matters, because consumer reporting agencies have legal obligations, and when those obligations are violated, the law provides a remedy.
The Fair Credit Reporting Act requires HireRight to:
- follow reasonable procedures to assure maximum possible accuracy,
- avoid reporting information that is misleading or not legally reportable,
- and conduct lawful, meaningful reinvestigations when errors are disputed.
When HireRight fails to meet those standards and someone loses a job as a result, the issue is no longer administrative. It is legal.
Grounds for a HireRight lawsuit (FCRA violations & “failure to use reasonable procedures”)
Many HireRight lawsuits are based on violations such as:
- reporting mixed files or mistaken identity,
- failing to verify records before reporting them,
- continuing to report expunged or sealed cases,
- not updating information after receiving proof of inaccuracy,
- conducting superficial or inadequate reinvestigations.
These are not technicalities. They are failures to comply with core statutory duties.
And courts take these duties seriously. The FCRA does not require perfection, but it does require reasonable procedures and meaningful investigation. When those are missing, liability can follow.
HireRight lawsuit settlement outcomes
While every case is different, successful HireRight claims often result in recovery for:
- lost wages,
- emotional distress,
- statutory damages,
- and, in cases involving willful violations, punitive damages.
The purpose of these remedies is not punishment for its own sake. It is accountability. When inaccurate reporting costs someone employment, the law allows that harm to be addressed.
HireRight Dispute vs. Filing a Lawsuit: Which One Actually Helps?
Many people start with a dispute because it feels like the “official” path. And in some cases, a dispute is appropriate. But when a job has already been lost, it is important to understand the difference between correcting a record and being compensated for the harm.
| Criteria | HireRight Dispute | HireRight Lawsuit |
| Goal | Fix the error in your report | Get compensation for harm caused |
| Speed | 30-45 days (or longer) | 3-12 months (varies) |
| Money Compensation | Not available | Lost wages, emotional distress, punitive damages |
| Impact on Job Denial | Minimal; employer rarely reverses | Strong; you can recover lost income |
| Who Reviews the Case | HireRight itself | Federal court under FCRA |
| Cost to You | Free | Free (attorney paid by HireRight if you win) |
| Best For | Minor errors with no real harm | When the error cost you employment or income |
A dispute is administrative. A lawsuit is legal. They serve different purposes.
Steps to Take When Your Report Is Wrong
When HireRight reports inaccurate information, timing and structure matter. What you do next can affect both correction and legal remedies.
Do not rely on summaries. Request the complete consumer report using the HireRight report request link so you can see exactly what information was reported and which record triggered the decision.
Identify the specific entry that is wrong: mixed file, incorrect disposition, outdated case, or misattributed record.
Gather court records, identification documents, or other materials that clearly show the information is inaccurate.
If an error on your background or credit report hasn’t caused major harm yet, like losing a job, missing out on housing, or being denied credit, a formal dispute might be the right place to start.
But if you've already been denied a job, housing, or credit, or if the error delayed a job start and cost you income, or if you're dealing with the shame, stress, or damage to your reputation, then legal action may be necessary.
If you dispute, do it formally and with documentation. Avoid casual submissions or vague explanations.
Preserve copies of the report, dispute submissions, responses, and employer communications.
If inaccurate information is not corrected, or if you have already lost employment, the issue may involve a violation of the Fair Credit Reporting Act.
HireRight Dispute vs. Immediate Legal Action: What to Choose and When
A dispute may resolve minor errors. When a job or income is lost, legal action is often the only way to fully address the harm.
When you discover that HireRight reported inaccurate information, timing matters. What you do next can affect both your ability to correct the record and your ability to pursue compensation.
How Much Compensation Can You Get for a HireRight FCRA Claim?
There is no fixed payout. Compensation depends on the facts of the case, the nature of the violation, and the harm suffered. But the law is clear about what may be recoverable.
That can include:
- lost wages and benefits,
- emotional distress,
- statutory damages,
- and, in cases of willful violations, punitive damages.
The U.S. Consumer Financial Protection Bureau has repeatedly noted that background check errors can have serious consequences for employment and income, and that enforcement actions in this area are an ongoing priority.
Compensation is not automatic. It must be proven. That is where legal analysis and documentation become critical.
Why Choose a Lawyer for Your HireRight FCRA Violation Claim?
Not every background check error becomes a lawsuit. But when an error costs you an opportunity or affects you financially, legal representation matters.
At Consumer Attorneys, we handle HireRight cases by focusing on:
- how the information was sourced,
- whether it was legally reportable,
- whether reasonable procedures were followed,
- and whether the reinvestigation process complied with the law.
We obtain and analyze the full HireRight file, not just the summary report. We identify where the breakdown occurred and document the real-world impact of the error.
We do not treat these cases as customer service issues. We treat them as statutory violations, because that is what they are when inaccurate reporting costs someone work or income.
And importantly, FCRA cases are handled on a contingency basis. That means you do not pay attorney’s fees out-of-pocket. If the case is successful, the law allows recovery of fees from the reporting agency.
Frequently Asked Questions
Yes, in many cases. If HireRight reported inaccurate information that led to a job loss, you may have a claim under the Fair Credit Reporting Act.
It depends on the harm suffered. Compensation can include lost wages, emotional distress, statutory damages, and in some cases punitive damages.
No. FCRA cases are typically handled on a contingency basis, and the law allows recovery of attorney’s fees if the case is successful.
This usually includes the HireRight report, proof of inaccuracy, documentation of the job loss, and any communications from the employer.
Timelines vary, but many cases resolve within several months to a year, depending on complexity and court schedules.
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
Related Articles
R
ONGS™You pay nothing. The law makes them pay.
