There is no definitive answer to the question of whether you can get your old job back if you are terminated due to inaccurate information in a background check because a number of factors can come to into play that can affect the outcome of any particular case. The factors include whether you are an employee at will, if you are covered under a collective bargaining agreement or if you are subject to specific state and federal labor laws. Also, the Fair Credit Reporting Act (FCRA), which covers federal laws that consumer credit agencies and many employers who use reports generated by these companies must follow, does not address whether a person can get their job back after being dismissed based on inaccurate or outdated information in a background check report.

At-will employees may not have recourse against employers unless there are other contracts or agreements that come into play. Usually, the employment-at-will doctrine allows employers to fire employees with no advance notice and without cause. The exceptions are employees who are protected by state or federal laws. In many cases, although terminations may have been unfair, the terminations are not necessarily illegal. However, if the employer violated the FCRA or state laws to obtain the employment screening report that contained the flawed public records you may be entitled to damages. This may allow you to get your old job back.

If you are an employee who is covered by a collective bargaining contract, and you are in good standing with the union, there may be processes in place that could lead to being reinstated to your job after wrongful termination. Many union contracts address the terms and conditions that employers must abide by; therefore, employers may not be able to legitimately terminate employment except under very specific circumstances. It is definitely worth it for you to obtain a copy of your background report to make sure the information is correct. If you have been terminated because of information that is incorrect, outdated or illegally obtained during an employee background check, you should contact a lawyer to find out what your rights are under your particular circumstances.