You applied for a job. The interview went well. Then, out of nowhere, the offer was pulled, or you never heard back. What happened? In many cases, the answer is a flawed background check. If your employer used ClearScreen (formerly known as Orange Tree Employment Screening) to run your background report, errors in that report may have cost you a job you deserved.
The good news is that the federal Fair Credit Reporting Act (FCRA) protects you. If ClearScreen reported inaccurate information and you suffered harm as a result, you may be entitled to compensation. Find out how we can help.
What Is ClearScreen?
ClearScreen is a consumer reporting agency that provides employment background screening services to companies nationwide. Employers rely on ClearScreen to compile criminal records, employment history, and other personal data about job applicants. Under the FCRA, ClearScreen is legally required to follow reasonable procedures to ensure maximum possible accuracy in the reports it produces. When it fails to meet that standard, real people pay the price.
Common ClearScreen Background Check Errors
Background screening companies like ClearScreen process enormous volumes of data, and mistakes happen more often than most people realize. Some of the most common errors we see include: criminal records that belong to a different person with a similar name being attributed to you (known as a “mixed file”); records that were expunged, sealed, or dismissed still appearing on your report; charges reported without their final disposition, making a dismissed case look like a conviction; outdated records that should no longer be reportable under state law; and incorrect personal information such as wrong addresses, aliases, or Social Security numbers that lead to mismatched records.
Any one of these errors can be enough for an employer to rescind a job offer or pass you over entirely—even if the underlying information has nothing to do with you.
Your Rights Under the FCRA
The FCRA imposes specific obligations on both background screening companies and employers. ClearScreen is required to use reasonable procedures to ensure accuracy and, when you dispute an error, to conduct a reasonable reinvestigation. Your employer is also required to provide you with a copy of the report and a summary of your rights before taking adverse action against you, such as withdrawing a job offer. This is known as the “pre-adverse action” notice requirement, and many employers fail to comply with it.
If ClearScreen or your employer violated these requirements, you may be entitled to actual damages (such as lost wages), statutory damages of up to $1,000 per violation, punitive damages in cases of willful noncompliance, and attorney’s fees and costs—meaning you typically owe nothing out of pocket to pursue your claim.
What Should You Do If You Suspect an Error?
If you believe ClearScreen reported inaccurate information about you, there are steps you can take right away. Request a copy of your background report from ClearScreen directly—you are entitled to a free copy within 60 days of an adverse action. Review the report carefully for any information that is wrong, outdated, or does not belong to you. File a formal dispute with ClearScreen in writing and keep copies of everything. And most importantly, contact an experienced FCRA attorney who can evaluate whether you have a claim and help you understand your options.
Why Maginnis Howard?
At Maginnis Howard, we focus on holding background screening companies accountable when they fail to meet their legal obligations. We have experience litigating FCRA claims against consumer reporting agencies, and we understand how these cases work from start to finish. We handle these cases on a contingency fee basis, which means you pay nothing unless we recover money for you.
If a ClearScreen background check error has cost you a job or harmed you in any way, we want to hear from you.
Contact Maginnis Howard today for a free consultation.
Visit us at www.maginnishoward.com or call to speak with an attorney about your case.
