Background checks are standard parts of many hiring processes these days. However, most companies don’t perform their own background checks. Instead, they outsource the work to third-party background check agencies like ClearChecks.
Despite specializing in background investigations, companies like ClearChecks can and do make occasional background check errors. In some cases, background check errors can cost you a job opportunity or even cause you to lose your job after you have already been hired.
If you’ve been materially harmed by a ClearChecks background check error, Fair Credit can help you fight back. Read on for more information.
ClearChecks of Clear Screening Technologies, LLC is a specialized background check agency originally founded in 2017. The company is currently based in Colorado, but it offers background check services for a wide variety of companies and people around the country.
The big difference between ClearChecks and other background check companies is that ClearChecks utilizes a proprietary online platform that enables quick, streamlined background screening services. The “Employee Screening in One-Click” service theoretically doesn’t require any paperwork. All an employee or employer has to do is submit the appropriate information and wait for a quick check.
ClearChecks provides comprehensive background report information on prospective employees, helping small and large businesses alike ensure that they staff their open positions with quality candidates.
Like many different types of background check companies, ClearChecks checks a lot of different information depending on the needs of its clients. ClearChecks checks information like:
In short, if a company needs to know anything about a prospective job candidate, they can get the information from ClearChecks. ClearChecks may change the type of information it investigates depending on what the client needs. A rideshare company might be more interested in ClearChecks doing a background check and a candidate’s driving history than their Social Security number, for instance.
Even though ClearChecks focuses exclusively on background checks, the company has been known to make both small errors and major mistakes in the past.
Background check companies like ClearChecks can make a wide variety of mistakes that can cost employment candidates job opportunities and more. Some common background check mistakes that ClearChecks may make with your background screening include:
For example, a prospective employee may apply to a company hoping to get a job. The company then uses ClearChecks to perform a background check. Unfortunately, ClearChecks confuses the job candidate with a person with a criminal history. Because of this confusion, the company does not offer the prospective employee the position, even though they were otherwise qualified.
These situations are rare, but they can happen to anyone. If you believe that ClearChecks has made a mistake with your background check, it’s important to know your rights under the Fair Credit Reporting Act and what to do next.
ClearChecks background check errors are not minor mistakes that quickly disappear. In some cases, they can be particularly devastating, especially to individuals looking for a job.
For example, even one ClearChecks background check error or piece of erroneous information may cost a job candidate a job opportunity. They might have everything ready to go and even assume that they will qualify for a position, but be denied a given job and have to continue their job search. In the meantime, their families can struggle or they may have difficulty paying their bills.
ClearChecks' background check mistakes can also impact employees who have already been hired by companies. Some companies complete background checks after hiring new employees on a temporary basis in order to shore up their staff positions and maintain maximum productivity.
If an employee gets hired, but their ClearChecks background check has erroneous information, they may be fired from the new position and be forced to scramble to find a new job ASAP. Again, this can lead to major financial struggles and stress for the job hunter.
In the long term, ClearChecks background check mistakes can make it even harder for job seekers to acquire employment. Their background check mistakes may follow them around or other companies may refer to the inaccurate ClearChecks background screening report when making hiring decisions. In this way, one minor mistake can end up becoming much larger for a job seeker.
The Fair Credit Reporting Act (FCRA) is a federal law requiring employers and background check companies to abide by certain rules and regulations. It also enshrines various rights for American consumers like you regarding your background information and credit reports.
In a nutshell, you have the right to request your credit report and for only accurate, truthful information to be used for background screening and employment purposes. In essence, an employer is not allowed to deny you a job on the basis of inaccurate information.
Furthermore, background check companies like ClearChecks are legally obligated to ensure that the information they provide to employers is accurate 100%. Once a company like ClearChecks performs an investigation and comes to a conclusion, they are required to inform you, the consumer, within five business days.
Since mistakes can and do happen, companies like ClearChecks are required to correct any erroneous information that they do provide as soon as it is brought to their attention. You, as a consumer, are able to bring this information to ClearChecks’s attention at the earliest opportunity by filing a dispute letter (see more below).
If you are denied employment or some other financial opportunity, you may receive an adverse action notice. This is a letter informing you that an employer has denied you based, at least in part, on information that was contained in a background check report.
If you receive an adverse action notice, you'll also receive information about the company that conducted your background check (in this case, it's ClearChecks). You’ll always receive this information because, according to the FCRA, you’re required to be given that info when you receive an adverse action notice.
Furthermore, you can use the information in an adverse action notice to file a dispute letter with ClearChecks or to pursue other legal options.
Thanks to the FCRA, you’re allowed to send a dispute letter to ClearChecks as soon as you notice erroneous background information.
Under the terms of the FCRA, ClearChecks must then perform a full, in-depth investigation within 30 days of receiving your dispute letter. Like most background check agencies, ClearChecks allows you to file a dispute letter online or by physical mail (the latter of which will take a little longer to resolve).
In any case, ClearChecks must perform an in-depth investigation of your background check information. If you provide sufficient information in your dispute letter, ClearChecks should be able to locate the wrong info and correct it as soon as possible. ClearChecks is then legally obligated to tell your prospective employer (or any other organization that it worked for) about the mistake.
In theory, this may allow you to get a second shot at a job you were denied or may help you reclaim employment if you were erroneously fired. But in some cases, the damage will have already been done.
In other cases, ClearChecks may refuse to investigate an issue that you bring to its attention. Or ClearChecks may believe that the information is 100% accurate even if you provide proof that the information is false or erroneous in some way.
In these circumstances and more, you may have grounds to file a lawsuit against ClearChecks for damages against your person and for deliberately breaching the terms of the FCRA.
You can sometimes sue ClearChecks for background check mistakes, but it depends on whether you’ve already exhausted other alternatives.
ClearChecks may occasionally make mistakes, but you have to file a dispute letter with the agency if you believe a mistake has been made. If ClearChecks doesn’t correct the erroneous information, or if it refuses to investigate the matter whatsoever, ClearChecks is in violation of the FCRA and you do have grounds for a lawsuit.
Background check mistake law firms like Fair Credit can provide invaluable assistance when filing a lawsuit against organizations like ClearChecks. A successful lawsuit could see you recover up to $1000 for damages (in addition to extra funds to pay for attorney fees) plus more depending on the extent of the damages against your person.
For instance, if you prove in court that ClearChecks cost you a job opportunity or cost you your current employment because of a mistake that it made, you may be entitled to damages to cover lost wages, lost potential wages, and much more.
It’s one thing to file a lawsuit against ClearChecks. It’s another to do so successfully. It’s never a good idea to sue ClearChecks by yourself, as the work involved can be immense, and it can be difficult to gather sufficient evidence to prove your side of the story in a court of law.
Instead, you should contact experienced, specialized attorneys like Fair Credit. At Fair Credit, we can provide a range of services if you believe ClearChecks is responsible for a background check error that has affected your job search. For example, we can:
More than anything else, Fair Credit can provide you with the support you need to get through this difficult time. Background check errors are always stressful and frustrating, especially when the background check agency refuses to correct false information or fix the record. With legal experts on your side, you'll feel confident, and capable, plus have the knowledge you need to seek out a proper resolution.
A background check should be a smooth, streamlined process from start to finish. But if ClearChecks makes a mistake and costs you a job opportunity, you may have grounds for a dispute letter or even a potential lawsuit.
Fair Credit can help you figure out your best course of action and support you through the process from start to finish. Don’t wait; contact us today to learn how we can assist.