Employment Background Check Errors in Wisconsin
You interviewed well, got the offer, and then it vanished after the background check came back. Or you were already working when a report you never saw got you walked out the door. When a pre-employment background check is wrong, it can take away a job you earned — and leave you with no clear way to fix it. Federal law gives you that way, and in most cases the company that got it wrong pays your attorney's fees, not you.
Attorney Nathan DeLadurantey represents Wisconsin workers against the background check companies whose errors cost them jobs. Consultations are free.
What the Law Requires Before You Can Be Denied a Job
The Fair Credit Reporting Act sets out strict rules whenever an employer uses a background check. Before running one, the employer must give you a clear, standalone written disclosure and get your written authorization. If the employer plans to take an adverse action — not hiring you, revoking an offer, or firing you — because of the report, it must first give you a "pre-adverse action" notice with a copy of the report and a summary of your FCRA rights, and a real chance to respond before the decision is final.
These steps exist precisely so that you can catch and correct a mistake before it costs you the job. When employers or background check companies skip them, that itself can be a violation.
Common Employment Background Check Errors
- Criminal records that belong to someone else with a similar name or birthdate
- Charges that were dismissed, expunged, or sealed still showing as active
- A single case reported multiple times, so one incident looks like a pattern
- A misdemeanor listed as a felony, or the wrong case disposition
- Records older than the FCRA's reporting limits appearing on the report
- Employment history errors — jobs you never held, or an inaccurate reason for leaving
- Education or license verifications reported incorrectly
Why Accuracy Rules Are Stricter for Jobs
Because a background report can cost someone their livelihood, the FCRA holds reporting companies to a high standard when public-record information is used for employment. A company that reports adverse public-record information for employment purposes must either notify you at the time it reports the information, or maintain strict procedures to ensure the information is complete and up to date. When it does neither and reports a stale or incomplete record, that can be a separate violation on top of the underlying error.
Wisconsin Adds Another Layer of Protection
Wisconsin is one of the states that limits how employers may use arrest and conviction records. Under the Wisconsin Fair Employment Act, employers generally may not refuse to hire or fire you because of an arrest or conviction record unless the offense is substantially related to the job. So a Wisconsin worker hurt by a background check may have both a federal FCRA claim against the reporting company and a separate state-law employment issue. A firm that handles Wisconsin consumer and employment matters can evaluate every angle.
What to Do If a Background Check Costs You a Job
- Get the report. If an employer took action based on a background check, you're entitled to a copy — ask for it, and note who prepared it.
- Identify every error. Compare the report line by line against what you know is true.
- Dispute in writing. Send a written dispute to the background check company and keep a copy. See how to dispute a background check.
- Tell the employer. Let the employer know the report is being disputed; sometimes the job can still be saved.
- Save everything. Keep the report, your dispute, the company's response, and any denial or termination notices.
- Call a lawyer if it isn't fixed. If the error survives your dispute — or already cost you the job — that's often the point at which you have a claim.
What Your Case Could Be Worth
A wrongful job loss can mean months of lost income, benefits, and career momentum. Under the FCRA you may recover actual damages (including lost wages and emotional distress), statutory damages for willful violations, punitive damages, and attorney's fees and costs paid by the other side. Every case is different, and we'll give you an honest assessment of yours.
Talk to a Wisconsin Employment Background Check Attorney
If a background check error cost you a job or an offer, call 414.377.0515 or contact us online for a free consultation. Learn more on our main background check errors page.
Frequently Asked Questions
The employer pulled my offer over a background check. Can I do anything?
Possibly. If the report was inaccurate, or if the employer didn't follow the FCRA's disclosure and adverse-action steps, you may have a claim against the background check company, the employer, or both. Bring the report and any notices to a free consultation.
Do I sue the employer or the background check company?
It depends on what went wrong. The background check company is responsible for inaccurate reporting and for failing to investigate disputes; the employer has its own FCRA duties around disclosure and adverse action. We'll help identify who is responsible in your situation.
How long do I have to file?
FCRA claims have a limited filing window measured from when you discovered the violation. Talk to a lawyer promptly to protect your rights.
This page is for general information and is not legal advice. Reading it does not create an attorney-client relationship. For advice about your situation, consult a licensed Wisconsin attorney.