Introduction: Understanding ADP Background Checks in Today’s Employment Landscape
In today’s competitive job market, an ADP background check has become a standard part of the hiring process for many employers. These background screening services aim to help companies make informed decisions, but what happens when these checks contain errors that can derail your career prospects? Our law firm has seen a troubling increase in cases where job candidates face serious consequences from inaccurate background reports.
As attorneys focusing on Fair Credit Reporting Act (FCRA) violations, we understand the critical impact a flawed background check can have on your livelihood. This guide examines how ADP Screening & Selection Services operates, common issues job seekers encounter, and what legal rights protect you when facing background check errors.
How ADP Background Check Services Work and Why They Matter
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ADP Screening & Selection Services, headquartered in Fort Collins, Colorado, is one of the largest background check providers in the country. Serving major corporations like T-Mobile and John Deere, ADP promotes its services as “tools that can help employers make smart hiring decisions based on facts, history and reliable records.”
The typical ADP background check for employment includes:
- Criminal history records at county, state, and federal levels
- Employment verification
- Education verification
- Professional license verification
- Credit history (for certain positions)
- Motor vehicle records (when relevant to the position)
While background screening serves legitimate purposes in the hiring process, the system is far from perfect. An employment background check should accurately reflect your history, but our law firm has handled numerous cases where ADP’s criminal background check contained serious errors that prevented qualified candidates from securing employment.
The Growing Problem: When Background Check Services Get It Wrong
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Recent litigation against ADP Screening & Selection Services reveals a disturbing pattern of inaccurate reporting with devastating consequences for job seekers. In 2023-2024 alone, at least five lawsuits have been filed against the company for significant errors in their background reports.
In Mott v. ADP Screening and Selection Services, Inc. (2023), ADP falsely reported to the plaintiff’s prospective employer that he was convicted of felony murder while armed. In reality, this charge belonged to an entirely different person who was incarcerated for this crime.
In Swift v. ADP Screening and Selection Services, Inc. (2024), ADP falsely reported a first-degree felony conviction that belonged to someone with a different name.
These aren’t isolated incidents. Many job applicants discover errors in their background check only after being denied employment, creating a frustrating catch-22 situation:
- You apply for a job and consent to a background check
- The employer receives an inaccurate report containing someone else’s criminal record
- Your job offer is revoked without explanation
- You discover the error only after significant damage to your employment prospects
Adding to these challenges, consumer reviews of ADP’s services indicate substantial customer service issues. With a concerning 1.05/5 customer rating and complaints that “it’s impossible to get someone to help you over the phone and online service requests get ignored,” many job seekers struggle to correct errors in their reports.
Your Legal Rights: Protections Under the Fair Credit Reporting Act
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When facing issues with an ADP background check or any employment screening service, it’s essential to understand your rights under the Fair Credit Reporting Act (FCRA). This federal law provides specific protections for job applicants:
- Consent Requirement: Employers must obtain your written permission before conducting a background check.
- Pre-Adverse Action Notice: If an employer plans to reject your application based on information in your background check, they must provide you with:
- A copy of the background report
- A summary of your rights under the FCRA
- Time to respond to the information before a final decision
- Dispute Rights: You have the right to dispute inaccurate information and require the background check company to investigate and correct errors. Learn more about the dispute process under the FCRA
- Reasonable Procedures: Background check companies like ADP must follow reasonable procedures to ensure maximum possible accuracy in their reports.
When these requirements aren’t met—or when background check services like ADP report inaccurate information about your criminal history—you may have grounds for legal action. Our firm has successfully represented clients whose employment opportunities were jeopardized by background check errors, securing compensation and correction of inaccurate records.
Practical Steps When Facing an Inaccurate Background Check
If you believe your ADP background check contains errors or if you’ve been denied employment based on incorrect information, take these immediate steps:
- Request a copy of your report: Under the FCRA, you’re entitled to a free copy of your background check if it’s been used to take adverse action against you.
- Document everything: Keep copies of all communications with the employer and ADP, including emails, letters, and notes from phone conversations.
- File a formal dispute: Contact ADP Screening & Selection Services directly to dispute inaccurate information. Their contact information is:
- Email: [email protected]
- Phone: (888) 606-7868
- Website: https://www.adpselect.com
- Follow up in writing: Send a certified letter explaining the errors and requesting correction. Include any supporting documentation that proves the information is incorrect.
- Consider legal consultation: If your dispute isn’t resolved promptly or if you’ve lost employment opportunities due to background check errors, consult with an attorney who has experience with FCRA violations.
Remember that time is often of the essence in these situations. The longer incorrect information remains in your background report, the more potential harm to your employment prospects.
How Our Law Firm Can Help Protect Your Rights Under the FCRA
Our attorneys have extensive experience challenging inaccurate background checks and holding companies like ADP accountable for FCRA violations. We understand the urgency of these situations and the significant impact they can have on your career and financial stability.
When you work with our firm, we can:
- Evaluate your case and determine if your rights under the FCRA have been violated
- Handle all communications with the background check company and potential employer
- Help you draft and send formal disputes to correct inaccurate information
- Pursue compensation for lost wages, emotional distress, and other damages
- Take legal action against background check companies that fail to maintain reasonable procedures
In many cases, we can resolve these issues without lengthy litigation, getting your career back on track while ensuring that the background check company corrects its records to prevent future harm.
Call to Action: Don’t Let an Inaccurate Background Check Derail Your Career
If you’ve been denied employment due to information in an ADP background check or any other criminal background check service, don’t face this challenge alone. Our experienced FCRA attorneys understand the complexities of the FCRA and have a proven track record of successfully challenging inaccurate background reports.
Contact our office today for a free confidential consultation about your situation. We’ll review your case, explain your legal options, and develop a strategy to protect your employment rights and future opportunities.
Your career shouldn’t be derailed by someone else’s mistake. Let us help you set the record straight.
Frequently Asked Questions About ADP Background Checks
How long does an ADP background check take?
While ADP advertises “fast background check” services, the actual timeframe can vary significantly. Most employment background screening processes take between 3-5 business days for standard checks. However, more comprehensive searches, especially those involving multiple counties or states for criminal record checks, can take 7-10 business days or longer. Delays are common if courts must be contacted directly or if the background check reveals information requiring further verification.
Can I dispute incorrect information on my ADP background check?
Yes, under the Fair Credit Reporting Act, you have the right to dispute inaccurate information in your background report. Contact ADP Screening & Selection Services directly at (888) 606-7868 or email [email protected] to file a dispute. You should also submit your dispute in writing and include documentation supporting your claim. ADP is required to investigate your dispute and correct any errors within 30 days.
What information shows up on an ADP background check?
An ADP background check typically includes criminal history records (felonies and misdemeanors), employment verification, education verification, and reference checks. Depending on the employer’s requirements, it may also include driving records, credit history (for certain positions), professional license verification, and drug screening results. The scope of the background screening is determined by the employer and must comply with state and federal laws governing background checks for employment.
Can an employer reject me based on my background check without telling me why?
No. If an employer plans to take “adverse action” (like not hiring you) based partly or wholly on information in your background check, they must follow a specific process under the FCRA. First, they must provide you with a “pre-adverse action notice” including a copy of your background report and a summary of your FCRA rights. They must then give you reasonable time (typically 5-7 business days) to respond to or dispute the information before making a final decision. After making their decision, they must send you an “adverse action notice” explaining that the decision was based on information in your background report.