QUESTION

What do i do if a background check says i have a felony, and the county/state says i don't?

Asked on Mar 28th, 2014 on Labor and Employment - Texas
More details to this question:
This is a pre-employment background check. Thanks!!!
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1 ANSWER

Litigation Attorney serving Weatherford, TX
Partner at ROGERS, LLP
2 Awards
Under the federal Fair Credit Reporting Act, the employer is supposed to notify you and obtain your consent to do a background check.  The employer (or prospective employer) must also provide you with a copy of the report and a chance to explain before it takes negative action against you.  In that perfect world, you explain to the employer or prospective employer that whatever that background check says is incorrect.  The employer doesn't have to take your word and even if you satisfactorily explain the mistake, it can still refuse to hire you or it can fire you or remove responsibilities if you are already employed. However, once you have a copy of the report, you can write to the report provider/vendor and demand that they remove the error on the report.  If they don't you would have a claim against the vendor. If an employer or prospective employer has taken action against you based on a background check, demand a copy of it.
Answered on Apr 01st, 2014 at 11:36 AM

The forgoing is for general information purposes only and does not constitute legal advice or establish an attorney-client relationship.

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