Many employers now investigate new employment candidates and current employees before making any employment decisions.

To do this, employers use background checks from credit reporting agencies to review criminal histories and records of past employment. These background checks can contain false or misleading information. Regardless, candidates have a right to know if adverse information on their background report has ruined their chances of employment or caused them to lose their job.

Common Cases We See:

You may have a case under the Fair Credit Reporting Act if you notice the following things on your background report:

You may also have a case if you have experienced the following procedural incidents:

There was adverse information found on your background report and you were not notified at the same time your employer was notified.

How Can Lyngklip & Associates Help Me?

The Fair Credit Reporting Act provides victims of false background checks and misuse of these reports with a way to recover certain damages. These damages may also be recovered along with your attorney’s fees.

How Much Are Your Fees?

The Fair Credit Reporting Act provides for the recovery of reasonable attorney’s fees in successful cases. We handle these cases on a case-by-case basis. Our clients do not pay out of pocket and pay nothing unless we recover damages on their behalf.

We also pay referral fees to referring attorneys. Clients can contact our attorneys after completing the checklist below.

Background Check FAQs

There is a misdemeanor showing up as a felony on my background check.

Human errors in the interpretation of court records and statutes are quite common for background check companies. This may cause a misdemeanor offense to show up as a felony on your record. The Fair Credit Reporting Act requires that background companies follow procedures to insure the maximum possible accuracy of reports. If you discover that this has happened to you, an attorney may be able to help you dispute these errors or help you pursue other remedies.

An expunged conviction is showing up on my background report.

Background check companies regularly fail to update their records of convictions. This means that they will not check to make sure items that have been expunged also come off of peoples’ background reports. The Fair Credit Reporting Act requires these companies to use procedures to insure that the reports are accurate and up to date. If your report contains an expunged conviction, you may need help from an attorney to dispute the item or seek other help.

A background check was performed by my employer but I was not sent a copy of the report.

If your employer intends to take any adverse employment action against you, your employer must give you a copy of your report first. In many instances, if your background report contains any derogatory information from a public record, such as criminal history, the background reporting company must also send you a report at the same time. If you did not receive both copies of your background report before you were fired, denied a raise or rejected for a promotion, you should contact an attorney.

Another person’s information is showing up on my background check.

Similarities in names, birthdays, locations or even human error can result in a background report with multiple persons information on it. The Fair Credit Reporting Act requires that background companies follow procedures to insure the maximum possible accuracy of reports. If you notice an item on your background report that wasn’t committed by you, you may need help disputing the problem or getting other forms of help.

I was not asked for permission before my employer ran a background check on me.

Before an employer can run a background check on you, they must ask your permission. They must also give you a notice of your rights. The employer cannot get you to waive your rights in this form. If you did not receive a notice of rights or give written permission for the background check, you should consult an attorney.

I was not told that I would be denied a job before I could review, correct or explain my background check.

If you are denied a job because of a background check, you are entitled to a pre-adverse action notice and a copy of the background report that the employer used. This means that your employer must tell you that he intends to take some form of adverse employment action before they actually deny you a job or a promotion. They must also give you a copy of your report before taking any adverse action. If you have not received any kind of notification because of a negative item that appeared on your background check, you should contact an attorney immediately.

I was denied a job or house because of my background check results.

Many types of errors can appear in background checks. Background check companies regularly include information belonging to multiple individuals on a single report and misreport the true identity of individuals with criminal records. Many of these companies refuse to update records, causing reports to include convictions that were overturned, expunged or dismissed. In some cases, the formatting of these reports can be misleading and cause employers to reject otherwise qualified candidates. If you have been denied a job or house because of a background check, you may need an attorney’s help.

Let’s See If We Can Help You!

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Cases Involving Background Checks

In this important educational series, Michigan consumer law attorney Ian Lyngklip of Lyngklip & Associates discusses important considerations regarding Background Checks.

What Our Clients Are Saying

5 5 1
Lyngklip & Associates Consumer Law Group, PLC has been a long time coming. I have been dealing with identity theft from multiple sources for at least three decades. I couldn't find a lawyer that would even listen to me or even would know how to approach the subject matter of identity theft and how to help someone clear their name. I never gave up and found Lyngklip & Associates Consumer Law Group, PLC from another lawyer who couldn't help me. Ever since we have been fixing my background reports and helping me clear my name. Great client service and very helpful. I would recommend Ian Lyngklip and all of Lyngklip & Associates Consumer Law Group, PLC to anyone that needs help in consumer law, identity theft, and fixing incorrect information on a person's background report. Top notch all the way!

5 5 1
Ian and his team were very personable and I felt like they were on my side the entire time. I was dealing with a consumer issue and they were available to answer any questions that I had whenever I called. The end result was fair and exactly what I expected. I really liked how they took care of their business. If you’re in the right, they’re going to make sure that the truth prevails and they won’t leave you there feeling like a stranger.

5 5 1
Michigan Consumer Law helped me when I was having issues with the purchase of a vehicle. What happened to me was very unsettling. However, when I met with Ian and his team, they explained everything to me in layman’s terms and my anxiety was relieved knowing that I wasn’t going to be completely ripped off. I received a settlement and was happy with the end result. I am now working with Michigan Consumer Law on another case of mine, and would definitely recommend them to anyone.