Many companies rely on dedicated background screening agencies like Cisive to check the employment and criminal histories of job candidates. Cisive provides lots of background screening services to a variety of organizations. But despite its expertise in this arena, Cisive has been known to make mistakes from time to time.
If you believe your job opportunity has been compromised because of a Cisive background check error, you need to know how to fight back and what to do next. Read on to discover how Fair Credit can help you file a dispute or a lawsuit against Cisive if needed.
Cisive is a background screening agency originally founded in 1977 as part of the CARCO Group. It rebranded to its current name in 2017. These days, Cisive is based in New York and is part of the CIP Capital company group, offering comprehensive, robust global background screening services.
In addition to providing background screening services, Cisive is now one of the most recognized human resources leaders in terms of cost-effectiveness and state-of-the-art technology usage. It offers extensive legal expertise when it comes to employee screening and related legal matters.
For most job candidates, though, Cisive is the third-party background check company that will provide their background screening report to prospective employers.
Cisive checks a wide range of information for employment candidates, including but not limited to:
In addition to providing background screening services for new candidates, Cisive also provides post-employment screening services. For instance, say that you have been working at a company for some time, but the company wants to make sure that it has only full US citizens on its employment roster. It may hire Cisive, GoodHire, CastleBranch, or a similar service to perform a post-employment background check on you and other employees.
On top of all those services, Cisive provides employee audits and monitoring. Your organization may hire Cisive to monitor you or other employees, which is more common if you work in a very sensitive or government-related position. Cisive offers risk compliance checks, too.
Cisive is currently fully accredited by the National Association of Professional Background Screeners or NAPBS.
Cisive could make a number of different background check mistakes. Here are some examples:
In each of these instances, Cisive has the potential to seriously misrepresent your background information in a negative way.
Say that you have a strong work history, a good credit score, and no history of criminal convictions. You want to apply for a delivery driver job.
However, Cisive botches the criminal background check. It mistakes your identity for another person, claiming that you have three DUI convictions in your past. Because of this mistake, you no longer qualify for the job position despite being almost ready to start.
Cisive background check errors can occur because of human mistakes, problems with computer systems, or even issues with the information you give an employer. If you file the incorrect information, for instance, or include typos in your job application, Cisive may run with that information and continue to use it erroneously.
Regardless, you need to know what to do if you discover a Cisive background check error that affects your job opportunities.
Cisive background check errors can have severe consequences for job seekers and those who are already employed.
As touched on above, just a single background check mistake from Cisive might cause you to lose a job opportunity, even if you qualify in all other areas. You might have the right professional qualifications, work experience, etc., but your employer may not hire you because of a single mistake or error in your background screening report.
But if Cisive makes a mistake during a post-employment background check, it may cause you to lose a job that you already have. This can throw your finances and your livelihood into jeopardy, causing you to scramble to figure out the problem or to pursue other means of employment.
Cisive background check errors can even follow you around for years if you don’t take care of them promptly. If you lose a job offer because of a background check mistake, and that background check mistake is related to something like your credit report, other background screening agencies might find the same problem. Then you could have difficulties getting employed at other companies, despite repeatedly applying with fresh applications each time.
Fortunately, the Fair Credit Reporting Act guarantees all consumers certain rights in regard to their background and credit information. If you’re denied a job opportunity because of a Cisive background check mistake, you do have options to possible rectify the situation.
Your first step should be to receive and read an adverse action notice. Under the FCRA, an employer must give a denied employee an adverse action notice if they deny them a job offer on the basis of credit or background information.
So, say that your background check has a bit of erroneous information. Because of that false info, your employer decides not to offer you a job. They then have to send you an adverse action notice explaining the matter.
The adverse action notice should include:
Note that your adverse action notice doesn’t have to include the exact info that resulted in the denial. Some companies will get more specific, while others may leave it more general. Regardless, you should read through the adverse action notice, which should include your background information report, to locate any inaccurate information.
If there is a mistake, the FCRA allows you to file a dispute with Cisive. You can do this online at Cisive’s candidate portal or mail Cisive a letter explaining the matter.
In either case, your dispute letter should include:
Under the FCRA, Cisive must investigate any disputed information within 30 days of you bringing it to their attention. If Cisive doesn’t do this, you may have grounds for a lawsuit.
If Cisive notices inaccurate information and fixes it, it should contact your employer right away. Then you may receive a job offer once again or requalify for a job position that you were disqualified from.
If Cisive doesn’t investigate a dispute, or if it refuses to correct any inaccurate information, it’s violating your rights under the FCRA. As a result, you could have grounds for legal action, like a lawsuit.
With that in mind, it may be wise to contact legal representatives at the earliest opportunity. The right legal experts can explain your options and help you decide what to do next, up to and including filing a lawsuit against Cisive or your employer depending on the specifics of your case.
You may have grounds to sue Cisive for background check mistakes in certain circumstances.
Firstly, if Cisive directly results in you losing a job opportunity, you could sue them for the lost offer. Say that you receive a job offer that was contingent on your background check showing no negative results.
If Cisive made a mistake, thus costing you the job offer, and you have all that information on paper or in writing, you could sue them for up to $1000 in damages in addition to related fees and expenses.
Secondly, if Cisive causes you to lose a job that you already had, and it made a background check mistake, you could have grounds for a lawsuit. For instance, if your employer hires Cisive to perform a post-employment background screening for you and other employees, you should have nothing to worry about.
But if Cisive turns up false or erroneous criminal records for you, for example, and your employer fires you afterward, Cisive might be on the hook for damages.
In addition to these circumstances, Cisive could be liable for a lawsuit if it deliberately violates your rights under the FCRA at any point. The FCRA states that you have the right to ensure that only correct, accurate information is used for background screening or financial considerations. You also have the right to file a dispute, as mentioned above.
If Cisive doesn’t respond to your dispute, or if it doesn’t investigate your dispute within 30 days of being made aware of it, Cisive has directly violated your consumer rights. Then you definitely have grounds for a lawsuit.
In these situations, it’s never a good idea to sue Cisive by yourself. That’s because any lawsuit is a risky proposition, even if you have a lot of evidence supporting your point of view.
Simply put, lawsuits are costly, time-consuming, and require you to provide lots of substantial evidence in order to prove your side. That’s why you should contact knowledgeable legal representatives. Fair Credit’s experienced attorneys can provide a wide range of assistance for your case, such as:
This can assist when either filing an initial dispute against Cisive or when suing the company for violating your rights
In this case, our lawyers can represent you and speak on your behalf instead of forcing you to do all the work
Depending on the specifics of your case, it might be wiser to pursue something like arbitration instead of pursuing a full lawsuit
Overall, background check mistake attorneys like Fair Credit can provide you with the support and peace of mind you need to get through this difficult situation.
Cisive may make a mistake with your background check. If you believe this has cost you a job opportunity, be sure to file a dispute letter right away. Alternatively, contact Fair Credit so our attorneys can look over your background screening report and break down your options.
With our help, you’ll be well-equipped and ready to file a successful dispute letter with Cisive or sue the screening agency for damages and missed job opportunities. Contact us today to learn exactly how we can assist.