Imagine this scenario: You’ve just aced your final interview for a the perfect job. After weeks of anticipation, instead of receiving an offer letter, you’re met with stunned silence. Later, you discover the devastating truth ā your background check incorrectly flagged you for serious criminal offenses that belong to someone else. In an instant, your professional reputation is damaged, your income stream is cut off, and your future is thrown into uncertainty.
This nightmare scenario isn’t fiction ā it’s a harsh reality for thousands of job seekers across the country who fall victim to inaccurate background checks conducted by companies like Background Investigation Bureau (BIB).
The Hidden Crisis of Background Check Errors
Background screening has become a standard part of the hiring process, with more than 96% of employers conducting some form of background check on prospective employees. While these checks are intended to protect businesses and their clients, the system is riddled with errors that can have devastating consequences for innocent job seekers. Many applicants are unaware of the secrets behind employment background checks that can lead to these life-altering mistakes.
Companies like Background Investigation Bureau, headquartered in Huntersville, NC, provide employment screening services to various organizations, including sensitive environments like school districts. BIB touts that their “employment verification service ensures that a candidate’s work history is accurate and aligns with what they’ve claimed.” But recent litigation reveals a troubling pattern of serious inaccuracies in their reporting.
Common errors in background checks include:
- Mistaken identity: Confusing the applicant with someone with a similar name but completely different identifying information
- Outdated information: Reporting expunged, sealed, or dismissed charges as current
- Database errors: Incorrect entry of information in criminal databases
- Incomplete records: Reporting arrests without following up on case dispositions
- Cross-jurisdictional confusion: Attributing records from one state to someone who has never lived there
These aren’t just minor inconveniences ā they can completely derail careers, especially in fields with strict hiring requirements like education, healthcare, and financial services.
Your Legal Rights Under the Fair Credit Reporting Act
What many job applicants don’t realize is that they have powerful legal protections under the Fair Credit Reporting Act (FCRA). This federal law regulates how background check companies like BIB must operate and provides significant rights to consumers. Understanding your rights regarding employment background checks is crucial for protecting your career.
Under the FCRA, background check companies must:
- Follow reasonable procedures to ensure maximum possible accuracy of the information they report
- Provide employers with notice of consumers’ rights when furnishing reports for employment purposes
- Allow consumers to dispute inaccurate information and conduct a reasonable reinvestigation
- Notify consumers when information in their report is used to take adverse action against them
When background check companies fail to meet these obligations, affected individuals have the right to seek compensation for damages, including lost wages, emotional distress, and in some cases, punitive damages designed to punish particularly egregious violations.
Real People, Real Consequences: Cases Against Background Investigation Bureau
The impact of background check errors is vividly illustrated in several recent cases against Background Investigation Bureau:
In Edwards v. BIB (2023), the defendant provided an employment background check to Jackson County Public Schools that falsely reported the plaintiff as having six pending violent felony and misdemeanor charges, including kidnapping, assault by strangulation, and sexual offenses. In reality, Edwards had no criminal history whatsoever ā these charges belonged to another individual named Robert Lee Edwards, who had a different race, middle name, Social Security number, and residence.
As a direct result of this false report, Edwards was escorted off school property, had his employment suspended, and suffered lost wages and significant emotional distress. This devastating error could have been avoided if BIB had simply followed reasonable procedures to verify the identity of the report subject.
Similarly, in Johnson v. BIB (2023), the company falsely reported to a school that the plaintiff had been convicted of two disorderly conduct offenses and a theft offense. The plaintiff had never been arrested, charged with, or convicted of any crime. These convictions belonged to a different person with a similar name who lived in Ohio ā someone with a different date of birth, Social Security number, and middle name.
These cases demonstrate a troubling pattern where basic verification steps that could prevent life-altering mistakes are seemingly skipped in the background screening process.
Recognizing When Your Rights Have Been Violated
How can you tell if a background check company has violated your rights under the FCRA? Here are some key warning signs:
- You were denied employment based on information you know to be false
- You never received a copy of your background check before adverse action was taken
- You were not informed of your right to dispute the information
- The background check contains information that isn’t yours
- The company failed to correct errors after you disputed them
If you’ve experienced any of these situations, you may have grounds for suing the background check company for violating your rights.
Our Experience Fighting Background Check Errors
Our firm has extensive experience challenging inaccurate background checks and holding companies like Background Investigation Bureau accountable. We understand the devastating impact these errors can have on your career and financial stability.
Ee have built a strong track record of successful litigation against background screening companies that fail to meet their legal obligations. Our attorneys are deeply familiar with the complexities of the FCRA and how to effectively advocate for consumers whose rights have been violated.
Our approach is both thorough and compassionate. We understand that behind every case is a real person whose life has been thrown into turmoil through no fault of their own.
Taking Action: What to Do If You’ve Been Harmed by a Background Check Error
If you believe you’ve been denied employment due to errors in a background check conducted by Background Investigation Bureau or another screening company, here are the steps you should take:
- Request a copy of your background check report from the employer or the background check company
- Review the report carefully for any inaccuracies
- Gather documentation that contradicts the false information
- Contact the background check provider to file a formal dispute
- Document all communications related to your dispute
- Contact our office for a free consultation to understand your legal options
Remember that time is of the essence ā there are strict deadlines for filing FCRA claims, typically within two years from when you discovered the violation.
Get the Compensation You Deserve
Victims of background check errors may be entitled to various forms of compensation, including:
- Actual damages, such as lost wages and benefits
- Statutory damages of up to $1,000 per violation
- Punitive damages in cases of willful non-compliance
- Attorney’s fees and costs
Our firm handles these cases on a contingency basis, which means you pay nothing unless we secure compensation for you.
Don’t Face This Battle Alone
If you’ve been wrongfully denied employment due to errors in a background check by Background Investigation Bureau or any other screening company, don’t let their mistakes define your future. Contact us today to schedule a free, no-obligation consultation.
Our experienced attorneys will evaluate your case, explain your rights, and help you determine the best path forward. We’re ready to fight for the justice and compensation you deserve.
Don’t wait ā FCRA claims are time-sensitive, and the sooner you act, the better we can protect your rights and your future.