Employment Background Check Error Lawyers
Lost a job offer over something on a background check that isn't true? A wrong criminal record, someone else's history, a case that was dismissed years ago — these mistakes cost people real jobs every day. Our FCRA attorneys fix inaccurate employment background checks and hold the screening companies accountable. No fee unless we win.
Free Case Review
Tell us what happened. We'll tell you if you have a case.
Can you sue?
Denied a Job Over a Background Check Mistake? You May Have a Case
Yes — if an inaccurate employment background check cost you a job, federal law may be on your side. The Fair Credit Reporting Act (FCRA) requires the companies that produce background checks to follow reasonable procedures to make sure the information is accurate. When they don't, and it costs you a job, you can dispute it and, in many cases, sue for damages.
Employers use outside screening companies to run these reports. Those companies are consumer reporting agencies under the FCRA, and they have the same legal duty of accuracy as the credit bureaus. When they get it wrong, they can be held accountable.
Common Errors
Background Check Mistakes That Cost People Jobs
Even a small error on a screening report can end a job offer before you get a chance to explain. These are the ones we see most.
Wrong Criminal Record
A conviction that isn't yours, or charges that were dismissed, expunged, or sealed still showing up.
Mistaken Identity / Mixed File
Someone else's record attached to your report because of a similar name or date of birth.
Outdated Information
Old records that legally should no longer be reported showing up anyway.
Misclassified Offenses
A minor issue reported as more serious, or a single charge listed multiple times.
Incomplete Records
An arrest shown with no disposition, making it look far worse than it actually was.
Wrong Employment History
False claims that you lied on your application, when the report itself is the thing that's wrong.
Know Your Rights
What the Law Requires Before You're Denied
The FCRA builds in a sequence of protections for job applicants. Skipping any step can be a violation.
01
Your Consent Is Required
An employer must get your written permission before running a background check at all.
02
Pre-Adverse Action Notice
Before turning you down because of a report, the employer must give you a copy of it and a summary of your rights — so you have a chance to dispute errors first.
03
Adverse Action Notice
After the decision, they must formally notify you and tell you which company produced the report.
04
The Right to Dispute
You can challenge inaccurate information and demand a reinvestigation, usually completed within 30 days.
If an employer skipped the pre-adverse action step, or a screening company reported false information and refused to fix it, those are FCRA violations you can act on.
What You Can Recover
Compensation for a Background Check Error
When a background check error causes real harm, the FCRA lets you recover for it.
Actual damages
The lost job or income, the missed opportunity, and the emotional toll of being wrongly labeled.
Punitive damages
Extra damages a court can add to punish especially reckless or willful violations of your rights.
Statutory damages
$100 to $1,000 per willful violation, even without proof of a specific dollar loss.
Attorney fees
Paid by the violator when you win, which is why we can take strong cases with no upfront cost to you.
Statutory damages
$100 to $1,000 per willful violation, even without proof of a specific dollar loss.
Attorney fees
Paid by the violator when you win, which is why we can take strong cases with no upfront cost to you.
Our Process
How Our Attorneys Fix Background Check Errors
Durable, enforceable corrections in four steps
1. Review your report and the denial — we identify exactly what's wrong and who reported it.
2. Dispute the error — we send an evidence-backed dispute to the screening company and demand a real reinvestigation.
3. Hold them accountable — if they refuse to correct a genuine error, we pursue your claim under the FCRA, including in federal court.
4. Pursue your damages — we fight to recover what the error cost you, with fees paid by the violator when we win.
STILL NOT SURE?
Frequently Asked Questions
Q1. Can I sue if a background check error cost me a job?
Yes. Under the FCRA, background check companies must follow reasonable procedures to report accurate information. If an inaccurate report cost you a job and the company failed that duty, you may be able to sue and recover damages, including for the lost opportunity.
Q2. What is an adverse action notice?
Before and after an employer denies you a job based on a background check, the FCRA requires them to send you notice, a copy of the report, and a summary of your rights. This gives you the chance to dispute errors before the decision becomes final. If an employer skipped this, that itself may be a violation.
Q3. How do I fix an error on my employment background check?
Dispute it in writing with the background check company (the consumer reporting agency) that produced the report. They must reinvestigate, usually within 30 days. If they fail to correct a genuine error, you may have a legal claim under the FCRA.
Q4. How much does it cost to hire a background check error lawyer?
For most cases, nothing upfront. We work on contingency, and the FCRA allows attorney fees to be recovered from the violator when you win, so strong cases often cost you nothing out of pocket. Your case review is free.
Defending your rights against inaccurate credit reporting and identity errors under the Fair Credit Reporting Act.
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