Harmful Employment Background Check Errors & Social Security

Background Check
11 min read
June 03, 2025

When the System Gets It Wrong – You Pay the Price.

You’ve landed an interview. Maybe even received a verbal offer. Then… nothing. Or worse, you’re told something in your background disqualifies you. Only one problem: it’s not even true.

Employment background check errors, particularly those involving Social Security numbers, are more common and more damaging than most people realize. These mistakes can lead to missed job opportunities, loss of income, damaged reputations, and deep emotional stress. And most of the time, the error isn’t even your fault. At Consumer Justice Law Firm, we believe that when background check companies get it wrong, they should be held accountable. 

This article explores the critical role Social Security Numbers play in employment background checks – and how errors in SSNs can cause major complications, including failed checks, job rejections, and more.

Let’s break down why these mistakes happen, what your rights are, and how we can help you fight back.

A job candidate joyfully accepts an offer with a new employer. It conveys that by fixing employment background check errors your record can shine.

How are Social Security Numbers Linked to Employment Background Check Errors?

1. Data Entry Mistakes

These are errors that can lead to mismatched records. A single keystroke can turn your clean record into a red flag. These errors happen when someone manually enters your name, Social Security number (SSN), or birthdate incorrectly. This simple human mistake can link your file to someone else’s criminal record or debt history.

2. Identity Theft

Stolen Social Security numbers can cause data chaos that shows up in employment background checks. If your personal information has ever been compromised (especially your Social Security number), there’s a chance someone else’s activity is now tied to your name. Criminal records, unpaid debts, or even fraudulent job applications can end up on your report through no fault of your own. According to the Federal Trade Commission, identity theft topped the list of consumer complaints in 2023. This highlights the need for individuals to regularly review their background reports and take quick action to dispute any errors – especially when employment opportunities are on the line.

3. Outdated or Incorrect Government Records

These errors can cause so many problems that consumers often need to deal with the Social Security Administration to fix them. Sometimes the mistake is buried deep in a government database. Arrests that never resulted in charges, old warrants that were dismissed, or expunged records that should’ve been sealed can still show up. If the background check company doesn’t properly verify or update this data, it can misrepresent your past.

4. Transposition of Digits

These may seem rather “simple” but a – simple mistake can lead to incorrect criminal records or mistaken identity issues causing you major trouble. If just two digits in your SSN are swapped in order, your background report could pull from someone else’s life entirely. This simple switch of numbers – common in Social Security-related errors is shockingly prevalent.

5. Verification Failures

Employers use SSN Verification Service (SSNVS) to confirm employee SSNs. If it fails verification, there are steps that have to be taken to resolve. Background check companies are required by law to take reasonable steps to ensure accuracy under the Fair Credit Reporting Act (FCRA). But when they skip steps – like failing to verify public record data or using automated software without oversight, mistakes slip through.

What Kind of Lawyer Helps with Employment Background Check Errors?

Whether you just learned about damaging employment background check errors, or you’ve been attempting to battle and recover from them for a long time, you need a consumer protection lawyer who is well-versed and highly experienced in litigating cases under the Fair Credit Reporting Act.

At Consumer Justice Law Firm

  • We’re not generalists, we provide legal help intentionally focused on consumer law.
  • We’ve taken on the biggest background check companies and won.
  • We represent clients on a contingency basis (you don’t pay anything out of pocket and the companies we sue pay our legal bills when we win).

You can learn more about our background check error legal services on our Background Check Errors practice area page.

If you’ve spotted an error tied to your Social Security number, you have rights under the Fair Credit Reporting Act (FCRA) to dispute employment background check errors.

Step 1: Request a Copy of Your Background Report

Under the FCRA, if an employer takes action against you based on your background report, they’re required to give you a copy of the report. If they don’t, that’s a violation. An employment background check can go wrong in more ways than you’d expect. That’s why you have the right to check your own report before even applying for a job. 

Step 2: Identify the Error

After receiving your background check report, look for mismatched names, incorrect Social Security numbers, criminal charges that aren’t yours, or old cases that should no longer appear.

Step 3: Dispute It with the Background Check Company

After you locate errors, you have the right to file a dispute directly with the company that prepared the report. They must investigate and correct the error within 30 days. Note: Employment background check errors get disputed with the background check company, not the employer. 

Top Tip! File your dispute via certified mail. Disputing this way helps preserve important legal rights you’ll need later in the dispute and litigation processes. 

Step 4: Keep Records

Document every call, letter, and email with the employer and background check company. Save screenshots. Your paper trail could be key if legal action becomes necessary.

Step 5: Contact an Attorney

If the employment background check error costs you a job or if the background check company fails to fix it, you may be entitled to statutory damages, emotional distress compensation, and attorney’s fees. That’s where Consumer Justice Law Firm comes in.

We help you research the issue, contact relevant agencies like the Social Security Administration (SSA), and guide you step by step toward resolving the problem and safeguarding your identity moving forward. 

A single error can have serious consequences:

  • Job Offers Revoked
  • Delayed Employment Start Dates
  • Lost Income or Advancement Opportunities
  • Emotional Distress
  • Long-Term Career Damage

And perhaps the most infuriating part? Most people never even know why they were rejected. Some employers simply ghost candidates after a failed background check without giving you a chance to explain or dispute the error.

Yes, it can! As stated previously, SSN-related errors can cause you a lot of problems. 

Even minor discrepancies in your background check report can raise red flags for employers. Many companies, especially those with automated hiring systems, reject candidates instantly if anything looks off.

Worse, some employers won’t even tell you why you were disqualified. They simply move on.

A Social Security-related error, especially one involving someone else’s criminal history, can completely derail your career. Whether it’s a new job, a promotion, or a license renewal, employment background check errors put everything at risk. 

Gabriel’s Story: A Dream Deferred

Gabriel had always been passionate about education. After years of dedication, she finally landed her dream job as a high school counselor. The offer was contingent on a routine background check, which she thought was just a simple formality.

Days turned into weeks with no word. Then came the call – her offer was rescinded due to a criminal record. Gabriel was stunned. She had never even had a parking ticket.

Upon investigation, she discovered that her Social Security number had been transposed, linking her to someone else’s criminal history. The error wasn’t hers, but the consequences were.

Feeling helpless, Gabriel turned to Consumer Justice Law Firm. Our team quickly identified the mistake, filed disputes, and took legal action. Within weeks, her record was corrected, and she received compensation for lost wages and emotional distress.

Gabriel’s story is a stark reminder that employment background check errors can happen to anyone and that with the right help, they can be corrected.

Life after employment background check errors is possible! Consumer Justice Law Firm helps you get there.

What Laws Protect Consumers from Employment Background Check Errors?

When a background check contains errors, especially ones tied to your Social Security number, you’re not powerless. In fact, several powerful consumer protection laws exist to defend your rights and hold background check companies accountable.

The most important of these is the Fair Credit Reporting Act (FCRA). This federal law requires background check companies (also called consumer reporting agencies) to follow strict guidelines when preparing and sharing background reports. They must take reasonable steps to ensure the information is accurate, up-to-date, and verified before it reaches an employer. If they fail to meet those standards, and it costs you a job or damages your reputation, you may be entitled to compensation.

The FCRA also guarantees you the right to see the information that led to a decision against you. If you’re denied a job based on your background report, the employer must provide a copy of the report and a notice of your rights. You then have the right to dispute any inaccuracies and have them corrected within a reasonable timeframe- usually 30 days.

In addition to the FCRA, some states have their own background check laws that provide extra layers of protection. These can include shorter reporting windows for old records, stricter rules about consent, and stronger penalties for violations.

These laws exist for a reason: to protect people like you from being misjudged or unfairly rejected because of someone else’s mistake. At Consumer Justice Law Firm, we use these tools every day to help our clients fix their records and get their lives back on track.

GET JUSTICE! How We Help Clients Like You

Headshot of Consumer Justice Law Firm associate attorney Paul Bernard who helps clients battle employment background check errors.

At Consumer Justice Law Firm, we’ve helped countless individuals whose job opportunities were blocked due to Social Security or identity-related employment background check errors. We’ve recovered money for lost wages, corrected public records, and helped clients move forward with their careers.

If a background check mistake is holding you back, we’ll take immediate steps to get your background report, file disputes and monitor responses, pursue legal claims if your rights were violated, and fight for compensation and corrected records.

And the best part? – You don’t pay anything out of pocket and we only get paid if we win your case! 

How We’re Different

At Consumer Justice Law Firm, we’re not just another law firm, we’re a dedicated team committed to championing the rights of consumers and employees nationwide. Our firm was founded by attorneys David Chami and Daniel Cohen, who envisioned a practice that not only delivers exceptional legal representation but also prioritizes client well-being and justice.

We believe in a personalized approach to legal representation. We take the time to understand your unique situation, communicate transparently, and fight relentlessly to protect your rights. Our dedication to excellence and client satisfaction sets us apart, making us a formidable ally in your pursuit of justice.

Don’t Let a Mistake Define Your Future

You work hard. You play by the rules. A background check shouldn’t ruin your life – especially when the information is flat-out wrong.

If you’ve been affected by an employment background check error, especially one involving your Social Security number, you don’t have to deal with it alone.

Let Consumer Justice Law Firm help you set the record straight and fight for the justice you deserve.