What should I do after HireRight mixed me with someone else and I lost my job offer?

Question

I had everything lined up perfectly. I passed three rounds of interviews, received a written job offer, negotiated my salary, and even gave notice at my current job because I was so confident this was happening. Then I got a brief, cold email from HR saying they were "moving forward with other candidates" - no explanation, no phone call, nothing. When I pulled my HireRight background check report, I immediately saw the problem: there's a criminal record on there that clearly belongs to someone else. Different date of birth, different address history, different everything. I disputed it through HireRight's online portal within hours, uploaded my ID and proof that this isn't me, and they responded saying it could take 30 days to review. Meanwhile, the job is gone. I turned down other interviews because I thought I was set. I gave up my apartment because I was planning to relocate for this position. Now I'm left with nothing and it's all because HireRight attached someone else's criminal record to my file. What are my legal options here?

Consumer Attorneys · Accepted Answer

You are dealing with one of the most serious types of FCRA violations: a mixed file error that directly caused you to lose a job opportunity. HireRight had a legal duty under the Fair Credit Reporting Act to use reasonable procedures to ensure they were reporting accurate information about you - not someone else. The fact that the criminal record shows a different date of birth and address history strongly indicates HireRight failed to properly verify the information before reporting it. This is exactly the type of harm the FCRA was designed to prevent and remedy.

Your situation presents multiple legal claims:

Document everything immediately: Save the HireRight report, the job denial email, your original offer letter, proof that you gave notice at your previous job, and any evidence of financial losses (apartment deposits, relocation costs, etc.)
Send a formal dispute demand: While you've already disputed online, send a comprehensive written dispute by certified mail with all supporting documentation
Preserve evidence of harm: Document your lost wages (the difference between what you would have earned and what you're earning now), job search efforts, and emotional distress
Do not accept HireRight's timeline: The law requires reasonable investigation, and 30 days may be unreasonable given the clear evidence of misidentification

We can help you seek full compensation for this devastating error. When a background check company like HireRight uses insufficient identifiers and attaches someone else's criminal record to your file, causing you to lose a job offer, they have violated federal law. You may be entitled to compensation for lost wages, emotional distress, damage to your reputation, and punitive damages if HireRight acted willfully or recklessly. Under the FCRA, successful plaintiffs can also recover attorney's fees, meaning HireRight would pay our legal costs if we win. Don't let this error derail your career - contact us today for a free case evaluation. We've successfully represented many clients who lost job opportunities due to HireRight's negligence.