I lost USPS job because of a background error. Can I get my job back?

Question

I was so excited when I got the job offer from USPS. I went through all the interviews, passed the tests, and they even gave me a start date. Then, a week before I was supposed to begin, I got an email saying they were withdrawing the offer based on my background check. I was completely blindsided because I've never been in trouble with the law. I requested a copy of the report and when I finally saw it, I couldn't believe what I was reading. There was a felony conviction listed under my name, but it wasn't mine. The case was from a county I've never even been to, the date of birth was off by three years, and the middle name was completely different from mine. I disputed it immediately through the screening company's website and sent them my driver's license as proof, but they came back saying the information was "verified" and wouldn't remove it. Meanwhile, USPS told me the decision was final and they couldn't move forward with my hiring. I feel like my entire future has been taken away because of someone else's criminal record. This was supposed to be my career, and now I'm jobless because of a mistake I didn't make. Is there any way I can get this corrected and get my USPS job back? Can I sue the background check company for ruining my opportunity?

Consumer Attorneys · Accepted Answer

Losing a job opportunity due to someone else's criminal record appearing on your background check is one of the most serious types of FCRA violations, and yes, you have legal options to fight back - and potentially get your position back.

What happened to you is called a "mixed file" error, where a background check company incorrectly attributes another person's criminal history to you. Based on what you've described - different date of birth, different middle name, different county - this is a clear case of mistaken identity. The screening company had a legal duty under the FCRA to use sufficient identifying information to ensure the record actually belonged to you, and it sounds like they failed to do so.

Here's what you should do immediately:

Save all documentation
Keep everything: the job offer letter, the withdrawal notice from USPS, the background report showing the incorrect felony, your dispute submission, and the screening company's "verified" response. Also keep your driver's license and any other documents that show the mismatch (birth certificate, Social Security card, etc.).
Send us your case details
We need to see the background report, the proof that the record isn't yours, and the communications with both the screening company and USPS. With this information, we can evaluate whether the screening company violated the FCRA by failing to use reasonable procedures to ensure accuracy.
Consider a formal legal dispute
When a screening company responds "verified" to a clear mixed file error, they're often doing a superficial reinvestigation - essentially just confirming that a record exists under that name without actually checking if it matches all your identifying information. This type of rubber-stamp verification can be evidence of a willful violation of the FCRA.
Demand a corrected report be sent to USPS
Once we establish that the record doesn't belong to you, we can push the screening company to issue a corrected report and send it directly to USPS. In some cases, employers will reconsider hiring decisions when they receive a clean, corrected report - especially for a position like USPS where they're actively hiring.

Can you get your job back?

While we can't guarantee USPS will rehire you, there are several potential paths forward:

If the screening company corrects your report quickly and sends it to USPS, you may be able to request reconsideration of the hiring decision
If USPS violated FCRA procedures (such as not providing you with proper pre-adverse action notice or time to dispute), that could strengthen your case
Even if USPS doesn't rehire you, you may be entitled to significant compensation for lost wages, emotional distress, and other damages caused by the background check error

Can you sue?

Yes. If the screening company reported someone else's felony conviction under your name and then "verified" it despite clear evidence it wasn't yours, you likely have grounds for an FCRA lawsuit. You may be entitled to:

Actual damages (lost wages from the USPS job you didn't get to start)
Emotional distress damages
Statutory damages if the violation was willful
Punitive damages if the company acted recklessly
Attorney's fees and costs (the screening company pays our fees if we win)

Mixed file errors involving felony convictions are among the most harmful types of background check mistakes. The law recognizes that reporting someone else's serious criminal history can destroy careers and lives, and it provides strong remedies when this happens.

Don't accept that your career opportunity is gone because of someone else's mistake. Contact us today for a free consultation, and let us fight to clear your name and pursue the compensation you deserve.