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Adverse action wrongfully

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RubberSoulGal

Junior Member
What is the name of your state (only U.S. law)? Ohio

Hi, I am in need of advice. Adverse action was taken against me. I applied for a position with a company and had to do a background check. I was not given the job because my background check stated I lied on my resume. I did not lie on my resume! I worked for a company for 6 years and started at the bottom and worked my way up into hourly management. I also did some marketing positions with the company, but did not put that on my resume. So when the company who performed my check called my previous company they stated that they had no idea if I was in management or not and they would have to call the home store I worked for. Which the background company did not do. I was asked by the background company to verify my dates of employment. So I went into the store I worked at to have them write a letter to verify my dates they had my end date as my start date in the computer and did not have an end date for me. I knew and worked with girl who was in HR so she knew the start dates and verified the dates for me. On my background check they had my employment dates off by 3 years and had verified that the management positions where never held. I do not know what I need to do. I can not find another position, because if they do a background check then it is going to show the same thing. I do not feel that I should have to take the positions I held off of my resume. I did the jobs, I got paid for the jobs, and there is people I worked with that are still with the company that can attest to that fact. I do not want to sue I just want to know what my rights are in this case, so I can get this fixed. I will never find a job if I have to take the management positions off of my resume. Working on the bottom and never moving up in a company for that long does not look good on a resume. I am so upset right now. I do not feel that this right. Thank you so much.
 


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Antigone*

Senior Member
RubberSoulGal said:
What is the name of your state (only U.S. law)? Ohio

Hi, I am in need of advice. Adverse action was taken against me. I applied for a position with a company and had to do a background check. I was not given the job because my background check stated I lied on my resume. I did not lie on my resume! I worked for a company for 6 years and started at the bottom and worked my way up into hourly management. I also did some marketing positions with the company, but did not put that on my resume. So when the company who performed my check called my previous company they stated that they had no idea if I was in management or not and they would have to call the home store I worked for. Which the background company did not do. I was asked by the background company to verify my dates of employment. So I went into the store I worked at to have them write a letter to verify my dates they had my end date as my start date in the computer and did not have an end date for me. I knew and worked with girl who was in HR so she knew the start dates and verified the dates for me. On my background check they had my employment dates off by 3 years and had verified that the management positions where never held. I do not know what I need to do. I can not find another position, because if they do a background check then it is going to show the same thing. I do not feel that I should have to take the positions I held off of my resume. I did the jobs, I got paid for the jobs, and there is people I worked with that are still with the company that can attest to that fact. I do not want to sue I just want to know what my rights are in this case, so I can get this fixed. I will never find a job if I have to take the management positions off of my resume. Working on the bottom and never moving up in a company for that long does not look good on a resume. I am so upset right now. I do not feel that this right. Thank you so much.
Click to expand...
You have the right to keep job hunting. This company is under no obligation to hire you. Right or wrong doesn't matter here, legal or illegal does. In this case nothing illegal happened here.
 
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pattytx

Senior Member
Agree. The background check company has no obligation to follow up with your previous employer about your job responsibilities. That's not what background check companies normally do. If you get the letter from the previous employer, you can show that to any prospective employer to correct any errors in the report.
 
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Betty

Senior Member
Agree, the background co. only reports what they find/pick up. You'll have to go through your former employer to get any work record errors corrected.
 
quincy

quincy

Senior Member
I agree with the others but would like to add that you can (and should) dispute any false information appearing on your background report with the background check company that provided the employer with the report.

The "adverse action disclosure" letter you received from the prospective employer should have details on how to get a copy of your report to dispute the inaccuracies. Background check companies are governed by the Fair Credit Reporting Act and must abide by the rules of the Act.

Then you must, as the others stated, go to the source of the inaccuracies (your former places of employment) and get necessary corrections made there.

As an additional note, although it does not apply to omissions but rather to false (and generally defamatory) information appearing on a background check report:

Lawsuits have been filed against background check companies in the past (and against credit reporting agencies) for not correcting errors that appear after proper notification and documentation (as required under the FCRA) and lawsuits have been filed over false criminal history listings. Currently filed in an Oklahoma federal court is a defamation suit against two background check companies that falsely listed a man as a sex offender on reports provided to the man's prospective employers. The man is seeking $1 million in damages.
 
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RubberSoulGal

Junior Member
Thanks Quincy! I did get the letter from HireRight and I contacted my previous employer to get the dates and positions I held. I contacted HireRight and they told me that they do not correct or fix any background checks once they are completed and asked if I had any other questions and hung up on me. From what I read that is illegal and they have to fix false or incorrect information even if the background check is completed or not. I understand that the company that hired HireRight to do the background check does not have to hire me. I just wanted the information fixed so when I find a new company that would like to hire me performes a background check the false information does not pull up again, because of the first check that was ran. I just thought under the FCRA that if any errors or false information they had to fix and notify the company that paid them to do the check of the errors. I just emailed the letter from my previous company to the company that I was getting the job from. I was very nice and I just wanted to bring it to their attention, because I would hate to see that happen to someone else. It just seems a little weird that the company was so cut and dry about not fixing the information
 
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