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What Can You Do About a False Background Check

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  • 05-08-2017, 07:20 PM
    tceneils1
    What Can You Do About a False Background Check
    I applied for a job at ubereats and they used the company checkr to complete my background check. To my surprise my check came back with two felonies and two misdemeanors. I have never in my life been arrested!
  • 05-08-2017, 07:23 PM
    cbg
    Re: False Background Check
    That's a shame. Do you have a legal question?

    And what state are you in?
  • 05-09-2017, 04:07 AM
    flyingron
    Re: False Background Check
    I think Ubereats is only in San Francisco right now.
  • 05-09-2017, 06:00 AM
    free9man
    Re: False Background Check
    You need to request a copy of the background check if it was not provided and contact the company that did it to request they correct your record.

    It is possible you may be the victim of identity theft or a mismatch when they were conducting the check.
  • 05-09-2017, 06:04 AM
    flyingron
    Re: False Background Check
    Yeah, I'd contact Uber and make sure that they hvae the correct DOB and SSN as well. Keep rattling them via email. It took me a week to realize why they kept rejecting my car inspection information (they're automated system is kind of lame) until some human put eyes to it and told me the VIN on my scanned inspection ticket didn't match the one on the car (dealership screwed up).
  • 05-09-2017, 07:30 AM
    PayrolGuy
    Re: False Background Check
    If they failed to provide the notice as required under the Fair Credit Reporting Act which includes first a notice that they plan to take negative action which includes a letter saying that among other things and a copy of the report you likely have a case for a potentially valuable lawsuit against them.
  • 05-09-2017, 11:49 AM
    Mr. Knowitall
    Re: False Background Check
    Quote:

    Quoting PayrolGuy
    View Post
    If they failed to provide the notice as required under the Fair Credit Reporting Act which includes first a notice that they plan to take negative action which includes a letter saying that among other things and a copy of the report you likely have a case for a potentially valuable lawsuit against them.

    That's a great letter to send if you want to ensure that you don't get the job.

    For now, what would make sense would be to prove that the record as described on the report is for some other person, so as to try to remain eligible for employment. Within that context, if none has yet been provided, it would make sense to politely ask for a copy of the background check.

    Most of these issues aren't the result of identity theft, but are from partially matching information (such as a very similar or identical name and matching birth date). When they turn out to be identity theft, it's common for the offender to be known to the person whose identity was stolen.
  • 05-09-2017, 12:35 PM
    PayrolGuy
    Re: False Background Check
    The OP sounds as if he/she has already been turned down for the job or at the very least they were planning to take negative action (not hire). If they didn't send the letter and a copy of the background check then they are in violation of the FCRA.

    I never suggested any letter be sent by the OP.
  • 05-09-2017, 02:52 PM
    flyingron
    Re: False Background Check
    FCRA doesn't require them to provide you a copy of the background check. The notification just needs to indicate that they used the background check and which company they used.
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