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Background Check Company Says I Don't Exist - Job Offer Rescinded

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Location: Colorado

Colorado-based situation relating to FCRA, an incomplete background check where due diligence was not performed, and a resulting lost job opportunity (for now. I am still in the grace period to recover this situation if I act swiftly, which is what I'm hoping to do). Company names changed for privacy. I bolded the company names for clarity because it's a complex situation.

I'm wondering if I should start seeking legal counsel regarding my situation:

I was offered a position with Big Product Company with a comp package well over 150K/yr. Big Product Company uses HireRight for their background checks. I've used HireRight with my last employer, and had no issues. I passed that background check fine. No drugs or criminal history and never fired, so I reentered my information for the background check the same as before assuming this should be a breeze.

Since I knew where to upload my documents as I'd used HireRight before, and knowing I'd be asked to upload them later, I took the initiative and uploaded before being asked:

CyberInsurance LLC: W2, first and last paystub

Name&Name LLC DBA SecurityContractor: W2 from Name&Name LLC, first and last paystub from Name&Name LLC, and Verification of Employment letter on SecurityContractor letterhead showing my name, position, and start date

CyberIntel, Inc: W2 from TriNet, first and last paystubs from TriNet, and verification of employment letter from CyberIntel, Inc

I completed the drug test within their window, and received no calls from LabCorp about any failed test or anything, not that I was expecting to.

I checked the HireRight portal daily and an issue arose with SecurityContractor- with HireRight saying that despite having the W2, first and last paystubs, and a verification of employment letter that they couldn't verify that I worked there. I understood that this was likely related to the company being a DBA, as it was the only company they took issue with, since the W2 and paystubs said just Name&Name LLC, whereas the verification of employment letter said SecurityContractor. Alright, understandable confusion that could've been fixed with a google search for this company's registered business name, but alright.

They asked for a contact at SecurityContractor, so I reached out to my former manager to get their HR's people ops email address, which he provided and I posted to the portal on Friday.

I continue to check the portal every day and see that by Sunday, the report had been submitted to Big Product Company, which I found strange because SecurityContractor's HR doesn't work on the weekends. I let it slide, but keep checking Big Product Company's portal and no welcome letter nor new tasks arrive in my inbox that following week. Friday morning, I get a call from Big Product Company's Background Investigations team that my background check came back bad, they're rescinding the offer, they couldn't discuss anything about the background report with me, and that I'd receive a report from HireRight with the findings- adding that I'd have 10 natural days to resolve this failed background check from the day I get it to reinstate the offer letter.

I immediately reach out to the SecurityContractor HR rep and ask her if she was ever reached out to via the HR email address that HireRight requested and I provided, and she said she wasn't. She then offers to put a call in to HireRight to try and correct the record, and informs me COB Friday that HireRight couldn't do anything, told her to contact Big Product Company's investigations team directly, and provided her with the background check originator's email address to reach out to. The SecurityContractor HR rep reaches out via that email address to try and correct the record on my behalf, and CC'd me on the thread. Radio silence from the Big Product Company investigations team.

Not trusting USPS right now, the next day I went to HireRight's website to demand my report from them under FCRA. I requested it over email, the same one I'd used for the application, and they said that it would take up to 3 business days to deliver the report. I got the demand verification email from HireRight. That window has passed, and still I have no report.

So, I called in to HireRight today to try and find out when I can expect to receive the report. The person who answers takes my name and email and reads them back in phonetic spelling, and it came back with no results. She then tries checking my name again but with the last 4 of my social security number. No results. She then searches the unique ID associated with my specific background check. No results. The HireRight rep tells me that no record exists for a background check for me in their system and advises me to reach out to my Big Product Company recruiter.

Today I informed the recruiter of everything above. None of us are sure why my info is suddenly gone from HireRight's systems, but I've so far attributed that to why I've not gotten the report I demanded.

I'm not sure if this is... normal? I've never failed a background check before. I don't know what recourse I have, or if outside counsel would be able to intervene or investigate or get HireRight to investigate why my information is suddenly gone, or inspire the Big Product Company team into action.

To clarify, I've not gotten a single report yet. Not the one I individually demanded from HireRight. Not the one that Big Product Company said would be coming in the mail. I just know that if this doesn't get resolved, my family is destined to be on the streets in the Colorado winter by December.

Help or guidance on what steps I should be taking now would be appreciated.

submitted by /u/Bulky-Tangerine4155
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