False Background Check

[CarolAnnEverett]

What is the name of your state (only U.S. law)? Kentucky
I applied for a position with Aerotek, interviewed and was hired, same day. The background check that Aerotek paid to have conducted by American Background Information Services, Inc. reported to Aerotek that I have two misdemeanors on my record. In fact, the charges that they listed as mine were charges I filed against another person, I am the complaining witness. Aerotek could not continue my employment and informed me that until the matter was settled that there was nothing they could do, this is their corporate policy. I contacted both the court house of record and American Background Information Services. The court clerk had no idea how they could have possibly make this mistake and American blamed the county court house records. It has been 10 days since I filed an investigation with American and spoke with a representative with their company today. I was informed that they could not tell me how long it may take for them to rectify their error and that they will no longer be discussing this situation with me. They will notify Aerotek and that I "should" hear the results of the investigation from them. What can I do? I really needed this job, and had it until American Background Information Services, Inc. made this error.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[swalsh411]

You don't know for a fact what party made the mistake.

There is nothing you can do except wait for them to investigate and look for a backup plan job.

 

[commentator]

Meantime, I believe I'd remove all this exact information about myself and my situation off the site. We can get the idea without the specifics.

It seems to me that even if you get this situation straightened out, you'll probably still not be able to salvage the job situation. Possibly you might be able to re apply in the future.

 

[Beth3]

You may want to speak with a local attorney about bringing suit for negligence against the company who performed the background check. (Whether they actually were negligent can't be known until an attorney is able to examine all the circumstances and facts of the situation.)

If this gets cleared up in a reasonable period of time and you're offered your job back, then it's likely something you won't want to pursue - the cost of bring suit would likely considerably outweigh your damages (i.e. your lost wages during the period of time you were out of work.)

 

[wrongsometimes]

what did you sign when applying .. you may have waved your rights to sue...

 

[ESteele]

Follow the above advice with respect to consulting directly with counsel. Throughout the country, prospective employees have successfully sued information data companies for providing false criminal background information to potential employers. Your putative counsel can likely inform you whether you have sufficient grounds for a defamation claim, negligence claim and/or another potential claim against this information company.

 

[You Are Guilty]

Can maybe cut to the chase a bit here - was the information at the courthouse correct? (i.e., is it clear the mistake was made by the background check company, and not the court?)

 

[st-kitts]

Something is odd about this to me.

Criminal cases are the State of X against the defendent. Period. There is NEVER any mention of witnesses, which is what the victim is to the State's case.

If it is a criminal case, it is hard to understand how OP's name would appear as a defendent in a criminal case. I suppose it could happen, but that would be a courthouse issue, not a background company issue.

 

[davew128]

Something is odd about this to me.

Criminal cases are the State of X against the defendent. Period. There is NEVER any mention of witnesses, which is what the victim is to the State's case.

If it is a criminal case, it is hard to understand how OP's name would appear as a defendent in a criminal case. I suppose it could happen, but that would be a courthouse issue, not a background company issue.

I'm thinking maybe copies of witness supboenas and/or complainants might be in the file. Is Kentucky a state where a citizen can swear out a criminal complaint?

 

[st-kitts]

I'm thinking maybe copies of witness supboenas and/or complainants might be in the file. Is Kentucky a state where a citizen can swear out a criminal complaint?

Consumer reporting agencies that perform background checks match an individual's name/DOB/Social with reported arrests, charges and dispositions for individuals with the same name/dob/social. Unless the arrest and charges were recorded under OP's name, they won't appear on OP's criminal background. The entire case file isn't transmitted to consumer reporting agencies and no witness information is transmitted. The error would be at the court/police level in this situation. I have seen people have criminal charges reported erroneously when they shared a name and birth date with a criminal in their same town, although that is rare.

OP is likely out of luck with the job she lost, but she should follow up with their HR after she has it resolved and hope for the best. The company has no obligation to hold the job for OP or extend the offer to OP again even thought the offer was rescinded due to an error. At best, maybe they will be sympathetic to her plight.

 

[Betty]

I agree with the responders who believe the error most likely was not with the background co. but an error on the court/police records. The background co. just reports the information they are furnished.