Dolly runs background checks on applicants, but what happens if you are rejected? Don’t ignore it, or you may encounter the same problem if false errors remain on your report. You have legal rights under the Fair Credit Reporting Act (FCRA) to fix those mistakes or even sue for damages.
Does Dolly Perform Background Checks?
Yes, Dolly requires criminal background checks for all applicants . However, the company does not provide any information about the scope of the background checks, the information that applicants are expected to provide to facilitate the background checks, or whether it outsources the background checks on its website.
Even though you are an independent contractor and don’t actually work for Dolly, the background check it subjects you to is part of an employment screening process. This means that you have rights under the Fair Credit Reporting Act (FCRA). These are: the right to be told if information from a background check has been used against you; the right to know the contents of the background check report; and the right to dispute inaccurate or outdated information.
Although state laws may vary, you should also be aware that federal law excludes information about arrests that occurred more than seven years ago from background check reports. Of course, there is an exception to every rule, and the exception to this one is that information about older arrests can be included if the yearly salary for the position you are seeking is more than $75,000. Keep in mind that there is no time limit for conviction records.
Finally, because Dolly uses another company to run background checks, it must have your written consent first
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Dolly and the Gig Economy
Dolly is a digital platform (website and app) that connects people who need help with various moving services to people with the vehicles and strength to help. Specifically, Dolly allows users to find help, schedule the move, and see how much everything will cost in the app on online.
Dolly also allows people to apply as Dolly Helpers or Dolly Hands so they can secure work through the platform. Dolly Helpers use their trucks, cargo vans, or box trucks, to transport items for customers. They are also responsible for lifting and loading the items.
Dolly Hands don’t help with transportation. Instead they are responsible for assisting Helpers with lifting and loading the items.
Dolly encourages people to apply for these positions by promoting flexibility and the opportunity to receive guaranteed, regular payments for helping people.
How Much They Promise You Can Earn
According to Dolly , Dolly Helpers can make more than $30 per hour and Dolly Hands make more than $15 per hour. Dolly also claims that some Helpers can make up to $1,000 per week. However, there is little anecdotal information to support these claims. In one Internet forum , someone who claimed that he had been working as a Dolly Helper for more than six months said he never made $1,000 in a week and that most jobs don’t live up to the $30 per hour that Dolly claims you can make. Another Dolly Helper on the same forum also disputes the company’s claims.
How Do I Qualify To Work For Dolly?
In addition to passing the background check, you must meet the following requirements to be a Dolly Helper. You must be 21 or older; have a valid driver’s license; have valid automobile insurance; and have a pickup truck, cargo van, box truck, or vehicle w/ trailer less than 20 years old that can safely and reliably transport furniture and other items. You must also be willing to and capable of lifting and/or carrying /carry large bulky items that weigh at least 75 pounds, have a smartphone to access the Dolly app, and a valid checking account so you can get paid.
To qualify as Dolly Hands you must be able to pass the background check and: be at least 18; have a valid driver’s license; have your own transportation, such as a car, mini-van, SUV, or motorcycle/scooter; have a smartphone to access the Dolly app; a valid checking account so you can get paid; and be willing to and capable of lifting and/or carrying /carry large bulky items that weigh at least 75 pounds.
What are my Background Check Disclosure and Consent Rights?
You have a right to know if an employer will use information from a background check against you and an employer cannot obtain background check information without your express written consent.
A background check company cannot hand over your information to an employer unless the employer certifies that: (1) it has “clearly and conspicuously” disclosed to you in a separate document that it may obtain a background check; (2) you have authorized it to get the background check; and (3) it will provide you with advance notice of any adverse action based in any part on the background check report, a copy of the report, and a summary of your rights under the FCRA.
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Dolly Background Check Complaints
To date there is no readily available public information about complaints or issues with Dolly’s background checks. Of course that doesn’t necessarily mean that there haven’t been any or that you won’t have any. Remember not to let it go unchallenged if you feel you were wrongly rejected or fired by Dolly based on the results of your background check.
You Received A Pre-Adverse Action Notice From Dolly. What Are Your Legal Rights?
By law, anyone who uses the information in a background check report to screen job applicants must let any applicant know when they didn’t get the based on the information in the report.
This means you have a right to see what is in the background check. Depending on your specific circumstances, you may also be able to sue the company that requested the background check and rejected your application, or the company that issued the background check report
Your Right to an Accurate and Legally-Compliant Report From Dolly
A background check company must take reasonable steps to ensure its report is as accurate as possible.
The FCRA also puts limits on the negative information a background check report can include. A report cannot list civil suits, judgments, arrest records, paid tax liens, accounts in collection or most other negative information (except criminal convictions) after 7 years, or bankruptcies after 10 years. It also cannot list expunged convictions
Your Right to Dispute an Unfair Background Check Report from Dolly
If you don’t get a job because of information on your background check report, you are entitled to a copy of the report. You also have the right to dispute the report if it has errors or includes information it shouldn’t.
If you dispute your report, the background check company must investigate and correct any errors within 30 days.
Were You Harmed By False Information or Errors In Your Dolly Background Check Report?
Often, whether you get hired or promoted depends on the information gleaned from an employment background check. A background check can come in many shapes and sizes. It may be as simple as verifying your social security number. Or it may include a detailed report of your credit and criminal history, or even information gathered from interviews of your friends and neighbors about your character and reputation.
Whatever the scope of the background check, the FCRA sets strict standards for how employers background check companies get consent for and conduct background checks, and what they can do with the information they find.
If a background check commissioned by Dolly fails to meet those standards, the FCRA affords you a number of rights.
Your Right to File A Lawsuit Against Dolly if your report includes inaccurate or illegal info
If you lost out on a Dolly job or were suspended or fired because a background check report included inaccurate or illegal information, you may be able to sue in federal court. If you sue and win, you may be entitled to your actual damages or statutory damages up to $1,000, plus punitive damages, attorneys’ fees, and court costs.
Ready to Assert Your FCRA Rights?
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If you’re ready to assert your rights and fight incorrect information in your background check, we can help you get justice. Complete our form for a FREE case evaluation, or call 844-685-9200 NOW.
About the Author:
Sergei Lemberg is an attorney focusing on consumer law, class actions related to automotive issues, and personal injury litigation. With nearly two decades of experience, his areas of practice include Lemon Law (vehicle defects), Debt Collection Harassment, TCPA (illegal robocalls and texts), Fair Credit Reporting Act, Overtime claims, Personal Injury cases, and Class Actions. He has consistently been recognized as the nation's "most active consumer attorney." In 2020, Mr. Lemberg represented Noah Duguid before the United States Supreme Court in the landmark case Duguid v. Facebook. He is also the author of "Defanging Debt Collectors," a guide that empowers consumers to fight back against debt collectors and prevail, as well as "Lemon Law 101: The Laws That Lemon Dealers Don't Want You to Know."
