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  1. #1
    lalady is offline Junior Member
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    Feb 2009
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    Not Hired Because of Incorrect Background Check Information

    I am in Louisiana. I need advice on how to proceed and if anything can be done. I applied for a part time job to help supplement my income. My full time job is as a Truck Driver at a national company. Therefore I know I should be able to pass a background check for a small retail company.

    Approximately 12 years ago I was found guilty for check fraud, I paid back my restitution and have since not committed nor been arrested or convicted of any crimes. I was hired as a truck driver 2 years ago and they had no problems with my background.

    As I said I tried to get a part time job now and the company they use for background checks claimed I had a warrant out for my arrest. Of course this was completely false. So I went to the local authorities and paid for a copy of my back ground check to prove this was false. I sent the information to the company handling the background checks and basically got the run around for 2 weeks (they claimed to be working on the matter). Well finally, I got a response saying that the issue had been resolved and their dispute department would forward the information to the potential employer as well as mail me a copy.

    Well, my sister, who also works for this company received a phone call from their district manager saying that the background check company did not overturn the denial.

    I am completely disgusted. Here are my issues:

    1. They asked me to work prior to having received the results of the background check, I worked approximately 17 hours for them. Therefore I am unsure if this still means I was never hired or if this is considered wrongful termination since their reason is that I have a warrant out for my arrest and I don't.
    2. I spent 2 weeks disputing this claim and was told it was resolved and I would receive a copy of it in the mail...which i have not.
    3. The district manager shouldn't have contacted my sister to tell her I didn't get the job but should have contact me. I feel like this is getting close to defamation of character because family and friends are involved with the matter now and false information is being circulated about me.
    4. I do NOT have a warrant out for my arrest and I am still being persecuted for a crime I stupidly committed 12 years ago. I paid back my debt to society and still that is not enough.

    So after that long speech, my question is, can I report either the retail company or the background company to the labor board? Someone told me that if I do and the case goes in my favor, they will have to pay me for the time I was unable to work because of these false allegations that can easily be disproved. Also I would like to know can I sue either of these companies. s this true?

    Any and all help and advice welcome.

    Thanks,

    LALady.What is the name of your state (only U.S. law)?
  2. #2
    JETX is offline Senior Member
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    Quote Originally Posted by lalady View Post
    They asked me to work prior to having received the results of the background check, I worked approximately 17 hours for them. Therefore I am unsure if this still means I was never hired or if this is considered wrongful termination since their reason is that I have a warrant out for my arrest and I don't.
    The only thing this 'means' is that they owe you for 17 hours worked at the rate agreed. Though it may not be 'fair, what you describe is NOT 'wrongful termination'.

    I spent 2 weeks disputing this claim and was told it was resolved and I would receive a copy of it in the mail...which i have not.
    Okay??

    The district manager shouldn't have contacted my sister to tell her I didn't get the job but should have contact me.
    Shouldn't have?? Yes.
    Illegal or prohibited?? No.

    I feel like this is getting close to defamation of character because family and friends are involved with the matter now and false information is being circulated about me.
    As far as the employer knows, their information was accurate at the time they said it. Therefore, NOT defamation.

    I do NOT have a warrant out for my arrest and I am still being persecuted for a crime I stupidly committed 12 years ago. I paid back my debt to society and still that is not enough.
    Okay?? That doesn't prevent the employer from determining your qualifications... or disqualifications.

    So after that long speech, my question is, can I report either the retail company or the background company to the labor board?
    You can report anything you want to whomever you want. However, based on your post, there is nothing that they did that is illegal or prohibited. Yes, the source that the background company used had an error in it. Presumably, your actions have corrected it. I would suggest you try to get a confirmation that the error has been corrected and try to resolve the matter with this employer. If they still don't hire you, it is their choice. Find another job.

    Someone told me that if I do and the case goes in my favor, they will have to pay me for the time I was unable to work because of these false allegations that can easily be disproved.
    That COULD be true if you had an action against them. You don't.

    Also I would like to know can I sue either of these companies. s this true?
    Again, yes. You can sue almost anyone over almost anything. However, based solely on your post, you have no case... and no chance of 'winning'.
    Last edited by JETX; 02-14-2009 at 01:01 PM.
  3. #3
    lalady is offline Junior Member
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    I appreciate your comments and help Jetx.

    Thank you.

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