Incorrect HR Background Check

Hi Everyone,

I was wondering if you all could give some advice and provide some recommendations.

I recently applied for a job and after subsequently being successfully interviewed; I was awaiting the
offer letter. It turns out the company uses a HR screening/verification service to verify past history right
before sending out the offer letter. Everything checked out for the most part except one major item.

The HR screening/verification agency has somehow tied my name with someone with the exact same
name to a criminal case twenty years ago. However, twenty years ago, I was never in the US and
was much younger than the age of the person mentioned in the report (My age right now matches the criminal individual twenty years ago).

Due to the company’s policies they stated they cannot send an offer letter until the verification agency
provides a clear report; namely, the removal of the criminal case. After requesting the verification agency
to review the report they are claiming it is accurate.

I am highly considering legal action against the verification agency. I cannot understand how the
verification agency can continue to list the criminal activity on my report simply by associating names
despite the very obvious age discrepancy and lack of other identifying information.

Thank you for your time.

Did you call the verification agency? ?

there are lots of companies that aggregate all kinds of data from public sources. They make associations of the data based on names, addresses and even SSN if they have that info.

You do need something in writing from the verification agency. look on their website for info on how to report incorrect info or challenge the accuracy of the info.

also see the privacy website on background checks
https://www.privacyrights.org/fs/fs16-bck.htm
scroll down to the section called "There is an error in my background check report. They have me mixed up with another person with a similar name and a criminal record. What should I do?"

Al3xK said:   What did the company HR representative say? Is she aware that it is a grievous mistake and/or using common sense to see that you're not the criminal?HR using common sense? lol.

Chances are realy good the HR people are using a third party verificaiton company. There are laws in most states thhat govern adverse actions like this. You first should make it clear to the HR people that your intent is to clear up with the verification monkeys and ask them to be patient. Next, you need to get on the phone with someone in senior management at the verification company. Do NOT settle for the senior clerk in charge. They don't give a rip what happens to you they have to clear a mountain of other verifications. If they are not accommodating and helpful, you may need to lawyer up and go after them, but as a last resort you can reach out to the court they got their bad info from, ask the court to confirm you are not the guy, and bring that to the HR people AND the verification firm.

Doing all this crap yourself is not fun, can be expensive, and a real pain in the arse. But if you want the job.....

I'm a recruiter, primarily of automotoive engineers in SE Michigan. We have an OEM that requires us to use a third party verificaiton firm for all hires. I get that they had to do this, as many of our competitors faked verification results and got busted. Trouble is the firm they make us use is beyond incompetent, running their calls out of a call center somewhere where they don't speak english very well. Their own logs show they routinely call for employment verifications at about 6:30pm. -Drives us knuts. We end up doing the verification for them and then spoon feeding it to them so they can line a file and bill us a couple hundred dollars, which we have to pass on to our customer. Wow, good thing they're so much more efficient and saving a lot of money.

I am surprised that HR told you. I would have expected that they would just turn you down and not providing a reason. Providing a reason opens the possibility of a law suit.

OP's beef is with the verification company. FCRA dictates that, after "adverse action", the prospective employer send out an FCRA notice letter to the applicant. In this case, that adverse action was the revocation of a job offer based on a [erroneous] criminal "hit" on a background check. OP has 60 days (I think) to *dispute* the matter with the background check company. That letter should be sent out by the employer to OP, and it's usually certified (with signature delivery confirmation), and sent quickly. That letter will have a 1-800 number for you to call and *dispute* the findings, and rectify them in your favor. I suspect the employer doesn't like this situation, but their hands are tied -- until that background check comes back "clean", they can't do anything, otherwise they would violate their policies, as well as HR rules/laws. There is still a chance you can clean up the background check and also get the job -- but if this doesn't play out well, that chance will quickly fade. Depends on the recruiter, the company, the job position, applicant, etc.

And if there is incompetence involved, then you've got a lawsuit on your hands (per nsdp's post above). I wouldn't prompt the employer about the FCRA letter. If they screwed up, the burden of proof is on them to prove they sent it, and you received it.

A few months ago I switched jobs. The biggest hold up was the background check--the company that was hired was so inept I was flabbergasted. They told my employer that I never attended and did not graduate from a university. When I called the agency to "discuss" the matter with them, the CSR did not speak English very well. She said that she had personally called the university on 1/16/12 and was told that I did not attend school nor did I graduate from there. When I pointed out to her that that was not possible, she was insistant that she was telling the truth. Apparently she did not know that 1/16 was Martin L. King day and all offices were closed.

My background check still took another week to clear after I told her she couldn't have gotten that information on a holiday. I had already provided the HR department with official transcripts and the contact information for the director of the program I completed.

OP--I would sue the pants off of the verification company and see if I could get a criminal background check from the police dept. where I live to provide to the employer. Even a quick check would confirm that those charges are not yours since you are not the correct age.

I wish I believed in God. Because I know HR people would go to hell if it existed.

mainomega said:   One thing I've learned through all my life and countless jobs. Either large or small... the HR department is always the same. Pretty inept.

The weakest link, by far, in any organization in HR. Flame away, but it's where the flunkies gravitate to. What's scary is that they wield power, as witnessed by the OP, to disrupt one's life and livelihood.

Personally and professionally, I eliminate dealing with them as much as possible, i.e. deal directly with the hiring manager, project manager, etc. It might be bucking the chain of command, but cutting HR out seems to lead to less f**k ups.

Arrest records are only as good as the data entry clerks. Garbage in garbage out. The only data base I ever trusted was the US Marshall's Service. I wound up on the TSA no fly list when they tied in to NCIC. Maybe I belonged there, some lazy cops think so. I was going to Montreal once on Court business and it took the Marshall's service 3 days to get my boarding pass straight. When NCIC shows a criminal history for one of the 5th Circuit Court of Appeals Judges( Hispanic but not a common Hispanic name) that tells you a lot about how much garbage is in the criminal files.

Why any employer is dumb enough to trust those data bases I'll never know. Maybe it says something about management in American business.

HR can simply overlook it if you can write them a letter stating that it is not you. Contest it in writing to the company and provide proof that it could not be you. That should be sufficient. The HR person can override anything they want. It's entirely irrelevant what the report says if what it says is not true. You can't be penalized for something that is not factual provided that you can prove it is not factual.

smbbalt said:   What actually happened to me --
I live in MD, a state where you can get PBJ, Probation Before Judgement for a speeding ticket

I'm glad you cleared that up, because I was starting to wonder why the hell MD was giving out Peanut butter and jelly sandwiches...

I'm a little confused here. This isn't a credit report but a background check that shows past criminal history. How does the FCRA apply in this case?

Muffinhead80 said:   You are protected with the Fair Credit Reporting Act (FCRA). See this link for your options.

dirtrat said:   I'm a little confused here. This isn't a credit report but a background check that shows past criminal history. How does the FCRA apply in this case?


Muffinhead80 said:   You are protected with the Fair Credit Reporting Act (FCRA). See this link for your options.
The name of a legislative statute is often little more than just a marketing term. Just because this law is named the "Fair Credit Reporting Act" doesn't mean that it only deals with credit reports. On the contrary, it actually covers a fairly broad range of consumer reporting agencies.

ceobeaver said:   saladdin said:   I wish I believed in God. Because I know HR people would go to hell if it existed.

The irony is they are usually among the best paid employees in the company.

The Golden Rule. He who makes the rules, ends up with the gold.

OP, your problem is that you're dealing with HR and some third party verification system, neither of whom cares if you get hired or not. The hiring manager is the only one who cares if you get hired or not. Bring him/her into the party with the following letter:

Dear <Hiring Manager>: I am looking forward to working with you as soon as possible. However, the verification agency used by HR has botched up their report and confused me with someone twenty years older than I. Could I have a meeting with you and the HR rep so we can figure out how to clear up the agency's mistake and get me onboard ASAP?

The meeting should consist of thew hiring manager telling the HR rep to fix the mistake and do it NOW.

dirtrat said:   I'm a little confused here. This isn't a credit report but a background check that shows past criminal history. How does the FCRA apply in this case?


Muffinhead80 said:   You are protected with the Fair Credit Reporting Act (FCRA). See this link for your options.

A report is covered by the FCRA if it's used in making a decision whether to grant credit, issue insurance or to extend an offer of employment. It's not the type of report so much as the use to which it's put.

FYI, you still may have some recourse under the FCRA. I read several cases of this nature where people were flagged as money laundering suspects when they were not and so forth. I would personally want to be very sure that whatever the "mistake" was is fixed for good, lest we see a repeat of this thread in 6 months when you try to buy a car or are evaluated for a promotion, pulled over by the cops, etc...