Employment background reports can contain inaccurate criminal records, another person’s information, incorrect employment or education history, and other errors that affect hiring or continued employment. The Fair Credit Reporting Act imposes duties on employment screening companies and employers that use consumer reports.
Fowkes & Hasanbasic represents consumers throughout Florida in FCRA cases involving inaccurate employment background reports and screening procedures. We evaluate potential matters without charge, and clients pay no out-of-pocket attorney’s fees to retain the firm for an accepted FCRA case.
For a free case review, call (727) 500-1010.
Contents
Did a Background-Check Error Affect Your Job?
You may have an FCRA claim when an employment screening company reported inaccurate or misleading information, failed to follow reasonable procedures, or failed to reasonably reinvestigate a dispute, and that conduct caused harm. Separate claims may arise when an employer failed to provide required disclosure, authorization, or adverse-action notices. The responsible party and legal duty must be evaluated separately.
What Is an Employment Background Report?
An employment background report is a consumer report used for hiring, promotion, reassignment, retention, or another employment purpose. Depending on the service ordered, it may contain:
- Criminal-record information
- Credit history
- Employment, salary, education, or license verification
- Driving records
- Identity and address information
- Drug, alcohol, or health-screening information where legally permitted
Screening-Company Duties vs. Employer Duties
| Employment screening company | Employer using the report |
|---|---|
| Must follow reasonable procedures designed to assure maximum possible accuracy. | Must provide a clear, conspicuous standalone disclosure and generally obtain written authorization before procuring the report. |
| Must reasonably reinvestigate qualifying disputes. | Before adverse action, must provide the report and a Summary of FCRA Rights. |
| Has additional duties when reporting public-record information for employment purposes. | After adverse action, must provide required information about the decision and reporting company. |
Pre-Adverse Action vs. Final Adverse Action
| Before the decision | After the decision |
|---|---|
| The employer provides a copy of the report and the Summary of Rights before taking adverse action based on the report. | The employer gives an adverse-action notice after making the final decision. |
| This gives the applicant or employee an opportunity to review and respond to the information. | The notice identifies the reporting company and explains dispute and free-report rights. |
| The FCRA does not specify one universal waiting period; adequacy depends on the facts and governing authority. | The reporting company did not make the employment decision and generally cannot explain the employer’s reason. |
Common Employment Screening Errors
- Criminal records belonging to another person
- A dismissed, expunged, sealed, or otherwise inaccurately described case
- Duplicate criminal records that make one matter appear to be several
- Incorrect offense, disposition, sentence, or release information
- Outdated information reported beyond an applicable FCRA reporting period
- Incorrect employment, education, professional-license, or driving information
- Mixed files caused by similar names or identifiers
- Identity-theft accounts or aliases associated with the applicant
An unfavorable record is not necessarily inaccurate. The official source record, identity match, disposition, reporting date, and way the information was presented all matter.
What Does the FCRA Require?
Reasonable procedures for accuracy
Under 15 U.S.C. § 1681e(b), a consumer reporting agency preparing a report must follow reasonable procedures designed to assure maximum possible accuracy.
15 U.S.C. § 1681b(b) generally requires a clear and conspicuous disclosure in a document consisting solely of the disclosure and the consumer’s written authorization before an employer obtains an employment report, subject to the statute’s provisions.
Adverse-action procedures
Before taking adverse employment action based on a report, an employer generally must provide the consumer a copy of the report and a written Summary of Rights. After the decision, the employer must provide the required adverse-action notice.
Dispute reinvestigation
Under 15 U.S.C. § 1681i, a screening company generally must reasonably reinvestigate a qualifying dispute and correct or delete inaccurate, incomplete, or unverifiable information as required.
What to Do After Receiving an Inaccurate Employment Report
- Save the complete report. Preserve every page, source, identifier, report date, and status.
- Save all employer notices. Keep the disclosure, authorization, pre-adverse-action notice, Summary of Rights, and final notice.
- Identify the precise error. Compare the report with court dispositions, identity records, employment records, diplomas, licenses, or driving records.
- Dispute promptly with the screening company. Explain each error and include focused supporting documents.
- Notify the employer in writing. Identify the dispute and supply accurate records when appropriate.
- Preserve the chronology. Record when the employer ordered the report, sent notices, made its decision, and received corrected information.
- Document harm. Save communications showing lost employment, delayed start dates, lost wages, expenses, and emotional distress.
The FTC describes the employer’s pre- and post-adverse-action obligations in its employment background-check guidance. The CFPB also maintains a list of consumer reporting companies.
What Evidence Matters?
- The complete background report and source records
- The employer’s disclosure and authorization documents
- Pre-adverse-action and final adverse-action notices
- The dispute, attachments, and delivery proof
- The screening company’s reinvestigation results
- Communications with the employer and screening company
- The hiring timeline and evidence that the report affected the decision
- Lost wages, benefits, other employment opportunities, expenses, and supported emotional distress
Example of a Potential Employment Screening Claim
A Florida applicant receives a pre-adverse-action notice showing a felony conviction belonging to another person with a similar name. The applicant promptly provides identity records and the correct court documents, but the screening company verifies the record without resolving the mismatch. The employer then withdraws the offer.
The analysis includes the screening company’s matching procedures and reinvestigation, what the employer provided before and after its decision, whether the inaccurate report caused the lost opportunity, and what damages followed.
This example is illustrative only. Liability and damages depend on the individual evidence.
Potential Damages Under the FCRA
- Actual damages: Potentially including lost wages, lost employment opportunities, out-of-pocket losses, and supported emotional distress.
- Statutory damages: For willful noncompliance, $100 to $1,000 may be available as an alternative to actual damages under 15 U.S.C. § 1681n.
- Punitive damages: Potentially available for willful noncompliance.
- Attorney’s fees and costs: A prevailing consumer may recover reasonable fees and costs under applicable provisions.
No particular result is automatic. The violation, responsible defendant, causation, state of mind, and injury must be proven.
Frequently Asked Questions
Must an employer obtain written permission?
Generally yes when procuring a consumer report for employment purposes, subject to § 1681b(b). The disclosure and authorization must comply with the statute.
Can an employer reject me immediately after receiving the report?
Before adverse action based on the report, the employer generally must provide the report and Summary of Rights so the consumer has an opportunity to review the information.
Does the FCRA require a specific number of waiting days?
The federal statute does not state one universal waiting period between pre-adverse and final adverse action. Whether the consumer received a meaningful opportunity depends on the circumstances and governing authority.
Can I dispute criminal-record information?
Yes. Identify the specific identity, offense, disposition, duplication, reporting-period, or completeness error and provide the relevant official records.
Who is responsible: the employer or screening company?
Either or both may have separate duties. Accuracy and reinvestigation claims generally concern the screening company, while authorization and adverse-action claims may concern the employer.
What if the employer hires me after the report is corrected?
A delayed start, lost wages, expenses, or other harm may still require evaluation, but correction does not automatically establish liability or damages.
How quickly should I act?
Promptly. Employment decisions can occur quickly, and complete records are easier to preserve before portals, reports, and communications become unavailable.
Why Choose Fowkes & Hasanbasic?
- Florida consumer-law attorneys with substantial FCRA litigation experience
- Representation available throughout Florida
- Direct attorney evaluation of potential claims
- No charge for the initial case review
- No out-of-pocket attorney’s fees to retain the firm for an accepted FCRA case
Request a Free Employment Screening Case Review
If inaccurate background information affected a job opportunity, preserve the report, notices, dispute records, and employment communications and contact Fowkes & Hasanbasic.
Call (727) 500-1010.
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Paul R. Fowkes, Esq., is a co-founding shareholder of Fowkes & Hasanbasic and has more than 20 years of experience handling consumer-related claims in Florida. His practice includes FCRA litigation involving employment screening companies, credit bureaus, furnishers, identity theft, mixed files, and inaccurate reporting.
Read Paul Fowkes’s biography or verify his license through The Florida Bar.
This page provides general information and is not legal advice. Reading it or contacting the firm does not create an attorney-client relationship. Past experience does not guarantee a particular outcome.