When you’re excited about landing a job at Walmart, the last thing you expect is for a walmart background check error to derail your employment opportunity. Unfortunately, background check mistakes are more common than most people realize, affecting thousands of job seekers every year.
If you’ve been denied employment or faced adverse action due to inaccurate information in your background check report, understanding your rights under consumer protection law is crucial for fighting back.
Hey, if you’re dealing with background check errors, give our friendly attorneys a call for a totally free consultation, no strings attached!
Understanding Walmart’s Background Check Process
Walmart, like most major retailers, conducts comprehensive background screening on potential employees as part of their standard hiring process. The company typically partners with major background check company providers such as First Advantage or Sterling Talent Solutions to verify candidate information. This employment screening process includes multiple components designed to ensure workplace safety and regulatory compliance.
During the background screening process, these companies conduct a criminal background check, employment verification, and may include a credit check depending on the position. They gather information from various public record sources, including civil court record databases, the National Sex Offender Registry, and landlord-tenant records. The screening may also involve identity verification through an SSN trace conducted with Social Security Administration records.
Common Types of Background Check Errors
Unfortunately, the background check industry isn’t immune to mistakes. Several types of errors commonly occur during employment verification that can wrongfully impact your job prospects:
Identity Mix-ups and SSN Discrepancies
One of the most frequent issues involves identity theft concerns or simple data mix-ups. When background check company providers conduct an SSN trace, they may accidentally pull records belonging to someone with a similar name or Social Security number. These Reportable SSN discrepancies can result in someone else’s criminal history appearing on your report.
Outdated Criminal Records
Criminal record search processes sometimes return outdated information that should have been sealed, expunged, or updated. Court systems don’t always communicate changes effectively to public records databases, leading to misreporting charges that no longer apply to your case.
Technical Glitches and System Errors
Sometimes technical issues occur during the screening process. Cloudflare errors or other system malfunctions can corrupt data transmission, leading to incomplete or inaccurate reports. These technical problems often generate a Ray ID for troubleshooting but can cause significant delays in the hiring process.
Credit Report Inaccuracies
For positions requiring financial responsibility, Walmart may request a credit check. Errors in credit reports from major credit bureau providers can incorrectly suggest financial irresponsibility or identity issues that don’t actually exist.
Your Rights Under the Fair Credit Reporting Act
The Fair Credit Reporting Act (FCRA) provides robust protection for consumers facing background check errors. This federal consumer law requires Background Check Company providers to maintain accurate records and gives you specific rights when errors occur.
Under the FCRA, employers must provide you with a copy of your background report if they’re considering adverse action based on the information. This includes situations where they might not hire you, terminate employment, or reduce your responsibilities due to background check findings.
Hire an experience FCRA attorney to help you correct your background check errors.
Pre-Adverse Action Requirements
Before taking any negative employment action, Walmart must provide you with a pre-adverse action notice that includes a copy of your consumer report and a summary of your FCRA rights. This gives you an opportunity to review the information and identify any errors before final decisions are made.
Dispute Process Rights
If you identify errors in your background check report, you have the right to initiate a dispute process with the screening company. The FCRA requires these companies to investigate disputed information within 30 days and correct any inaccuracies they discover.
How to Dispute Background Check Errors
When you discover a walmart background check error, acting quickly is essential. Here’s a step-by-step approach to disputing inaccuracies:
Step 1: Access Your Background Report
Most Background Check Company providers offer a candidate portal where you can access your screening results. If you haven’t received your report directly, request it immediately from the screening company that conducted your check.
Step 2: Document All Errors
Carefully review every section of your background screening report. Look for inaccuracies in your criminal history, employment verification, identity verification, and any credit transactions that appear. Common errors include wrong dates, incorrect charges, or information belonging to someone else.
Step 3: Gather Supporting Documentation
Collect evidence to support your dispute errors claim. This might include court documents showing case dismissals, photo ID confirming your identity, or employment records proving your work history. Follow the guidelines for uploading documents provided by the screening company to ensure your evidence is properly submitted.
Step 4: Submit Your Dispute
Contact the Background Check Company through their official dispute process channels. Many providers offer online dispute systems, while others require written correspondence. Be sure to save your dispute confirmation email and any reference numbers provided.
Step 5: Follow Up and Monitor Your Dispute
The screening company should complete their investigation within 30 days and send you updated results. If they fail to respond or don’t adequately address your concerns, document these failures for potential legal action.
When Background Check Errors Violate Consumer Protection Laws
Sometimes walmart background check error situations go beyond simple mistakes and become violations of consumer protection law. The background screening industry is subject to strict regulations, and companies that fail to follow proper procedures may face legal consequences.
FCRA Violations
Background Check Company providers must follow specific procedures when handling disputes. Failing to investigate complaints, ignoring evidence, or continuing to report inaccurate information after being notified of errors can constitute FCRA violations.
Identity Theft Implications
If your background check contains information clearly belonging to someone else, this might indicate broader identity theft issues that require immediate attention. In such cases, you may need to contact the Social Security Administration and place fraud alerts on your credit reports.
Class Action Opportunities
The Supreme Court and lower courts have recognized various class actions against background screening companies that systematically violate consumer rights. If multiple people experience similar discrepancies from the same provider, collective legal action might be appropriate.
Getting Professional Help
Navigating a background check dispute can be complicated, especially if you believe there are serious violations of the law. If your job offer is on the line and you’re struggling to resolve a significant error, you might consider seeking professional help.
We’re consumer protection lawyers who can guide you and, if needed, take legal action on your behalf. We know the Fair Credit Reporting Act inside and out, helping you understand your rights and holding background check companies or employers accountable for any mistakes. Our law firm focuses in class action lawsuits against big corporations for FCRA violations. We get the ins and outs of consumer law and will fight to get you what you’re owed.
Some background check errors, like Cloudflare issues or SSN trace problems at companies like First Advantage, may indicate systemic industry issues. As consumer protection lawyers specializing in civil court records and consumer rights, we’re equipped to address these problems and may identify similar cases for potential class action lawsuits.
Conclusion
A Walmart background check error is more than just an inconvenience; it can be a major roadblock to a new job. Understanding the process and your rights is key. By acting quickly, providing clear documentation, and understanding the protections offered by the Fair Credit Reporting Act, you can take control of the situation and give yourself the best chance of resolving the issue.
If you believe a background check error has cost you a job unfairly, call our consumer protection lawyers today to understand your options — 866-381-6444.
Frequently Asked Questions
Here are answers to some of the most common questions about Walmart background checks:
What does a Walmart background check include?
It usually covers criminal information, prior employment, driving history, and financial details gathered from service providers, marketplace sellers, or an external third-party source.
How long does a Walmart background check take?
Most checks take a few days, but they may take longer if federal government entities, business partners, or multiple providers are involved. Applicants typically receive a notice if delays occur.
Can I fix errors on a Walmart background check?
Yes. Under the FCRA, you are entitled to a copy of the report and a chance to dispute errors before any decision is finalized. Walmart’s Customer Service Team must cooperate, and legal assistance is available if errors remain unresolved.
Sources:
- Federal Trade Commission: Fair Credit Reporting Act
- Consumer Financial Protection Bureau: What do employers see when they do a credit check for employment
- U.S. Equal Employment Opportunity Commission: Background Checks: What Employers Need to Know
