QUESTION
Can I sue the company who does the background check?
Asked on Feb 03rd, 2014 on Labor and Employment - Idaho
More details to this question:
I was hired for a job pending a background check and actually worked four days then the company came back and told me I have a felony on my background check. I have never been to court for any thing other than a traffic ticket. I called the state and asked about the said felony and when I gave them my birth date, he said that it definitely was not me. However the company refuses to give me my job back.
4 ANSWERS
Bruce A. Coane
There could possibly be a legal claim in Texas against the employer and/or the background check company.
Answered on Feb 07th, 2014 at 4:28 AM
I know of no reason why you may not sue the background check for defamation/slander. They disseminated false information about you, which did cause you actual damages. I am not confident enough in my answer to suggest you should go file this suit yourself. I highly recommend that you go through an experienced attorney, but not me. I do not handle this type of cases. I know of no remedy against the employer that discharged you. That was completely legal, even if it was based on false info.
Answered on Feb 07th, 2014 at 4:27 AM
Maybe, so immediately contact an attorney.
Answered on Feb 07th, 2014 at 4:26 AM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
You might want to talk with an employment lawyer. Any background check is to be performed pursuant to a release under the Fair Credit Reporting Act. That act gives you the right to challenge any negative comment. Other than that, it may be just an excuse to not employ you.
Answered on Feb 07th, 2014 at 4:26 AM