A single error in a background check can cost a Grubhub driver their entire livelihood. No warning. No clear explanation. Just a sudden deactivation notice and silence.
This happens more often than most people realize. As gig platforms like Grubhub rely on third-party screening companies to process thousands of background checks at scale, mistakes slip through. Criminal records get mixed up. Expunged charges reappear. Driving records show violations that don’t exist. And drivers, many of whom depend on gig work as their primary income, are left scrambling to figure out what went wrong and what they can do about it.
The good news? Background check errors are not the final word. Under the Fair Credit Reporting Act (FCRA), you have specific legal rights that protect you from inaccurate screening results. At Raburn Kaufman, we’ve helped numerous clients navigate these situations and recover compensation for the harm caused. Here’s what you need to know.
How Grubhub Background Checks Work
Before a driver can start delivering on Grubhub, they must pass a background check. Grubhub typically outsources this to third-party companies, Checkr being one of the most commonly used. These companies are responsible for pulling together a driver’s:
- Criminal history (at the county, state, and federal level)
- Driving record (license validity, traffic violations, DUIs)
- Identity verification (Social Security Number, name, date of birth)
These screening companies pull data from a web of public records, court databases, and motor vehicle reports. The process is largely automated and built for volume, which is exactly why it’s prone to error. When a system is designed to process thousands of reports quickly, accuracy can suffer.
Common Grubhub Background Check Errors
Not all background check errors look the same. Some are obvious; others are subtle enough that drivers don’t know where to start when challenging them. The most common types include:
Mixed files — Another person’s criminal record appears on your report. This often happens when two individuals share a similar name or Social Security Number.
Outdated or expunged charges — A charge that was dismissed, sealed, or legally expunged under state law still appears on the report. Screening companies are legally required to report only what they’re permitted to report, and failing to remove expunged records is a clear violation.
Incorrect driving record information — Violations you never committed, or suspensions that were resolved, show up as active issues.
Duplicate charges — The same offense is listed multiple times, making your record appear far more serious than it is.
Identity mismatches — Errors in your name, date of birth, or SSN link you to someone else’s history entirely.
Why These Errors Happen
The screening process sounds straightforward in theory. In practice, it’s a fragile chain of data transfers, each one carrying the potential for mistakes.
Automated data scraping pulls records from court databases that are often incomplete or out of date. Human data-entry errors, at the courthouse, at the screening company, or during data migration introduce inaccuracies that can follow you for years. Third-party vendors don’t always update their records promptly when a charge is dropped or expunged. And when screening companies are processing an enormous volume of checks, individual reports don’t always get the attention they deserve.
The result: a driver who has done nothing wrong ends up flagged, deactivated, or denied onboarding entirely.
How Background Check Errors Affect Drivers
The impact of a bad background check goes well beyond inconvenience. For full-time gig workers, deactivation means an immediate loss of income. The financial consequences can ripple outward fast, affecting rent, bills, and family stability.
Beyond the financial toll, there’s reputational damage. A record that incorrectly shows criminal activity or a pattern of traffic violations can make it harder to get approved on other gig platforms like DoorDash, Uber Eats, or Instacart. And then there’s the emotional weight of fighting a system that seems indifferent to the truth. This is a frustrating, exhausting process that shouldn’t fall entirely on the worker.
Your Rights Under the FCRA
The Fair Credit Reporting Act gives you meaningful protection when a background check is used to make a decision about your employment. These rights include:
- The right to a copy of your report. If Grubhub takes adverse action against you based on a background check, they must notify you and provide a copy of the report before or at the time of that action.
- The right to dispute inaccurate information. You can challenge any item in your report directly with the screening company. However, you are not required to file a dispute before contacting us for help
- The right to sue for damages. If a screening company violates the FCRA, you may be entitled to compensation for lost wages, emotional distress, and statutory or punitive damages. Attorney’s fees can also be recovered, which means you may be able to pursue your case at no out-of-pocket cost.
Both Grubhub and its screening partners have legal obligations under the FCRA. When those obligations aren’t met, workers have real recourse.
What To Do If Grubhub Says You Failed a Background Check
If you’ve been deactivated or denied onboarding due to a background check, take these steps:
- Request a copy of the report. You’re entitled to this. Review every item carefully.
- Identify the errors. Look for anything that doesn’t match your actual history such as charges you don’t recognize, incorrect dates, duplicate entries, or expunged records.
- Contact an FCRA attorney. Legal intervention is often the fastest and most effective path forward.
Self-initiated disputes don’t always work. Screening companies have been known to simply re-verify the same inaccurate data, particularly when they’re pulling from a flawed database. An attorney can apply legal pressure that a standard dispute simply can’t.
How Raburn Kaufman Helps Drivers
Raburn Kaufman has direct experience representing gig workers whose opportunities were blocked by inaccurate background check results. Our approach is practical and aggressive: we identify what went wrong, hold the responsible parties accountable under the FCRA, and work to get the record corrected while pursuing compensation for the harm our clients have suffered.
We’ve helped drivers compel screening companies to correct false records, recover lost income, and obtain compensation for the emotional distress caused by wrongful account deactivation caused by inaccurate background check reports. In many cases, our clients pay nothing out of pocket because the FCRA allows attorney’s fees to be recovered from the defendant.
Don’t Let a Bad Background Check End Your Career
Background check errors can be corrected but they rarely resolve on their own. The longer an error sits unchallenged, the longer it affects your income, your options, and your peace of mind. Acting quickly matters.
If Grubhub has flagged, deactivated, or denied your application based on a background check you believe is inaccurate, contact Raburn Kaufman today for a free case evaluation. We’re committed to protecting workers’ rights and holding background check companies to the legal standards they’re required to meet.
Your income depends on accuracy. We’re here to help you protect your rights.
