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.
LALady.What is the name of your state (only U.S. law)?