False Employment Reports

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  1. What is an Employment Report?
  2. What rights do consumers have against false employment reports?
  3. Who are the Employment Reporting Agencies?
  4. What should I do if I am the subject of an inaccurate employment report?
  5. What rights do truckers have?

What is an Employment Report?

When people think of fair credit laws, they tend to only think of credit reports from the Big Three credit reporting agencies, Trans Union, Experian and Equifax. But the law is broader and protects consumers from inaccurate reports sold to their employers.

Increasingly, employers are using consumer reports to screen job applicants and make promotion decisions in all types of industries, from banking to trucking to food service. These reports are referred to as employment reports, background checks, or background screening reports.

They contain information about a consumer’s past work history, criminal record history, public records, and other information. Unfortunately, like traditional credit reports, employment reports are often riddled with common reporting errors that can cause a person to be denied a potential job, or even lose an existing one. The damage can be very significant, especially in a tight job market.

What rights do consumers have against false employment reports?

Fortunately, the law regulates both the companies that sell employment reports as well as the employers who use them. The law protects consumers in the following ways:

  • Requires that employment reports meet the standard of maximum possible accuracy
  • Requires employers to get a consumer’s permission before obtaining a background report
  • Requires employers to provide to the consumer a copy of the report and a summary of their FCRA rights before taking adverse action (such as not hiring an applicant or firing an employee)
  • Requires employers to notify consumers when a job is denied or terminated due to an employment report
  • Permits consumers to review and dispute inaccurate information in an employment report
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Who are the Employment Reporting Agencies?

There are many employment screening agencies out there. The list is continually changing as companies merge and some dissolve. No matter who they are, all employment screening companies must follow the laws under the FCRA.

Click here to see our list of employment screening agencies

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What should I do if I am the subject of an inaccurate employment report?

If you have errors on your background check, call The Consumer Law Firm of Francis Mailman Soumilas, P.C.. We have successfully handled hundreds of cases involving consumers who lost or were delayed jobs as a result of an inaccurate consumer report. Fill out our quick form or call 877-735-8600 for a free case review.

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