I was offered a job, received the offer letter with all the details, then got told the offer was taken back because of a bad reference from a past employer. I asked the company what was said and who gave it, but they refused to tell me, saying they’re protecting the privacy of the person who reported.
Am I actually allowed to see the report? I looked it up and found this: “Yes, under the Fair Credit Reporting Act (FCRA), you usually have a right to see your employment verification report if it was used to deny you a job. The employer should give you a copy before taking any action based on it.”
Has anyone here dealt with this? Like, if a future employer wouldn’t share the details of the verification report, did you use FCRA to make them show it? How would I go about that if it’s possible?
I’m in New Jersey and would appreciate any advice. Thanks.
UPDATE: I went on the ADP website under their Screening & Selection Services and found links to request a copy of my consumer report and dispute it. I got the report, which gave a summary of feedback from each former employer. Here’s the weird thing: all three of them said something like “lack of growth.” This included two jobs I left on my own and one where I was fired. Growth wasn’t even discussed. The person just made up a reason not to pay what he owed, and even the unemployment office didn’t buy it when he tried to block my benefits.
The report also wrongly says I had two car accidents in April, one even involving a lamppost. I’m disputing it now. It’s good that it’s pretty easy to get a third-party employment check report, but if errors like these are normal, it’s a wonder anyone gets hired.
“The FCRA covers how employers can get and handle consumer reports, which includes most background checks. According to the Federal Trade Commission (FTC), a consumer report under FCRA is any written, oral, or other information from a consumer-reporting agency about a person’s credit, character, reputation, and lifestyle. For jobs, this can include credit reports, criminal histories, driving records, and other checks done by third parties, even drug tests.”
One option could be having a friend do a reference check for you. Give them your resume and ask them to call your past employers like they’re a hiring manager to confirm your info. Most companies will have HR just verify dates of employment, title, and maybe if you’re eligible for re-hire.
A job reference isn’t a “consumer report” under the FCRA. That law mostly applies to agencies that give credit or criminal background info.
If you filled out a reference form and the company sent it to your old employer to confirm you gave the right info, that’s not a consumer report, so you wouldn’t have rights to see it.
@Kim
According to ADP Screening & Selection Services: “Employment background checks can include (among other things) Employment and education verification; Credential/license verification; and Professional Reference verification.”
They mention the Fair Credit Reporting Act (FCRA), the Equal Employment Opportunity Commission (EEOC), and the Consumer Financial Protection Bureau (CFPB).
So while you might not think these background checks are “consumer reports,” ADP clearly considers them to be.
@Kim
You mentioned that the Act “mostly” applies to “credit or criminal backgrounds.” Mostly isn’t exclusively.
I checked some agency websites. Checkr says “Our FCRA-trained experts are ready to assist you.” GoodHire says it provides a “transparent background check process that stays compliant with FCRA (Fair Credit Reporting Act), EEOC (Equal Employment Opportunity Commission), and other legal requirements.”
Where exactly does the Act say it excludes job reference checks?
You might want to look at the background check authorization you signed. Often, it says you can’t hold the reference provider liable for what they say. So even if you find out what was said, you might not be able to do anything about it.
@CourtroomDiva3
Then you should ask for it directly from the agency. They’re supposed to send you a “pre-adverse” letter before a final decision is made on employment. Maybe bring this up with the potential employer. Taking back the offer might actually violate FCRA.