A company rescinded my job offer because of incorrect information on a background check. The report has errors. What can I do?
Under the Fair Credit Reporting Act (FCRA), you have the right to dispute inaccurate information on a background check and the employer must follow specific procedures. If an employer takes adverse action based on a background check, they are legally required to give you a copy of the report and a summary of your rights before the decision is final. Review the report carefully and identify every error. Common background check errors include criminal records belonging to a different person with a similar name, expunged or sealed records that should not appear, incorrect employment dates, wrong educational credentials, and outdated information. To dispute, contact the background check company (not the employer) in writing. They have 30 days to investigate and correct errors. Send copies of documentation proving the errors (court records showing expungement, transcripts, employment verification letters). Once corrected, ask the background check company to send an updated report to the employer. Contact the employer and explain that the report contained errors and that you have initiated a dispute. If the employer refuses to reconsider after corrections are made, consult an employment attorney about potential FCRA violations. You may be entitled to damages if the company failed to follow proper adverse action procedures.
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