Texas, Louisiana, Indiana, Illinois.
I currently reside in the Philippines however I travel carnival circuits in the USA. I travel state to state for my job
Here is my problem I work as an independent contractor who works for independent contractors that hie their equipment to carnival companies in the USA. Due to "Megans Law" background checks are performed on carnival workers. I've always thought this was a good thing till here recently.
I had an employer contact me about working I aggreed to work for them. Bought my bus ticket from Florida to Texas, I paid for my motel bills. When I arrived at the town that night a major storm hit and flooded the carnival midway there would be no work for a week for me. When work resumes I go up to get my background check done and get my show id card (This was a Thursday) on The next day the concession manager contacted my employer and told them I wasn't allowed to work that I had felonies (seeing as how I've never been arrested in my entire life I said this was B.S. though I didn't say it using the initials) I went to the carnival lot and now I am told I can not work the background check showed I had felonies (I was not offered a copy of this report) I said this was bull I have never been arrested and what can I do to clear this up the concession manager said he didn't know and I couldn't work until it was cleared up.
On the next day I paid for an online background check using a website I found it showed I had no criminal record. I know it was my report because it showed my sister's old address as my current address (as that was an address I regularly used when my sister lived there (although I have not used that address in a few years, It also listed several addresses that I have lived at throughout my lifetime except it did not list my childhood address which was listed in a different report (showed no record) it did not show the current US address that I had been using up to about 4 months ago when my friend moved from that address and it didn't show my philippines address)
I took that report to the carnival office and was allowed to finish out the day meaning i only lost little over a day and a half of work due to this issue. I was told we would get it cleared up at the next spot.
I went to the next spot since I had to borrow money from my employer for living expenses due to the storm and this issue and did not have the funds to change carnivals or employers at this time. I get to the next spot in Louisianna and on thursday I am told they need to send the office my picture so I posed for the camera again not sure why they didn't send my carnival ID picture though or the photocopy of my US Passport to them.
on Friday opening day (first day I am to work and earn money since I am paid on commission and not for setting up) I am told that background report came back again and I had felonies listed on it and would not be allowed to work. I went to the Police department they did a "citywide background check" and gave me a clearance letter which I took to the carnival office and showed to them, they now gave me a copy of the background report as they got from NexisLexis
The report did show my name, it showed my social security number, my sex, then it listed the carnival companys Illinois address. (an address I've never been to) it then showed the years my social security number was issued. Then it gave criminal history where it should have shown none it showed the crimainal record for someone who's initials are RBJ whereas my initials are RAT II. I was born 8/16/1965 and RBJ was born 8/16/XXXX it showed RBJ as being in juvenile ct in 2006. In 2006 I was 40 years old a little too old for juvenile court.
on Saturday afternoon the show again agreed to let me work costing me even more time from work another 1.5 days to be more precise. The concession manger who is paid by the carnival to manage all the games and the help that works in the games has called me a "KOOK" not a very good term in the carnival industry, he without saying it outright has called me a liar actual conversation went like this:
ME - Sir I have never been arrested in my entire life, I have had tickets for no insurance, cracked windshield, broken headlight, and for improper tags all of which have been taken care of
LOT MANAGER - Do you know how many times I hear that I believe them and let them work and then we get the background report and the person has felonies some are even listed as pedophiles
they have called me a felon saying I have felonies when in fact I have never been arrested in my entire life.
So now my question. Do I have a case? if so is it for deflamation? against whom the carnival? the concession manager? the background check company? where do I need to file at? what kid of attorney do I need? any help would be appreciated.
I currently reside in the Philippines however I travel carnival circuits in the USA. I travel state to state for my job
Here is my problem I work as an independent contractor who works for independent contractors that hie their equipment to carnival companies in the USA. Due to "Megans Law" background checks are performed on carnival workers. I've always thought this was a good thing till here recently.
I had an employer contact me about working I aggreed to work for them. Bought my bus ticket from Florida to Texas, I paid for my motel bills. When I arrived at the town that night a major storm hit and flooded the carnival midway there would be no work for a week for me. When work resumes I go up to get my background check done and get my show id card (This was a Thursday) on The next day the concession manager contacted my employer and told them I wasn't allowed to work that I had felonies (seeing as how I've never been arrested in my entire life I said this was B.S. though I didn't say it using the initials) I went to the carnival lot and now I am told I can not work the background check showed I had felonies (I was not offered a copy of this report) I said this was bull I have never been arrested and what can I do to clear this up the concession manager said he didn't know and I couldn't work until it was cleared up.
On the next day I paid for an online background check using a website I found it showed I had no criminal record. I know it was my report because it showed my sister's old address as my current address (as that was an address I regularly used when my sister lived there (although I have not used that address in a few years, It also listed several addresses that I have lived at throughout my lifetime except it did not list my childhood address which was listed in a different report (showed no record) it did not show the current US address that I had been using up to about 4 months ago when my friend moved from that address and it didn't show my philippines address)
I took that report to the carnival office and was allowed to finish out the day meaning i only lost little over a day and a half of work due to this issue. I was told we would get it cleared up at the next spot.
I went to the next spot since I had to borrow money from my employer for living expenses due to the storm and this issue and did not have the funds to change carnivals or employers at this time. I get to the next spot in Louisianna and on thursday I am told they need to send the office my picture so I posed for the camera again not sure why they didn't send my carnival ID picture though or the photocopy of my US Passport to them.
on Friday opening day (first day I am to work and earn money since I am paid on commission and not for setting up) I am told that background report came back again and I had felonies listed on it and would not be allowed to work. I went to the Police department they did a "citywide background check" and gave me a clearance letter which I took to the carnival office and showed to them, they now gave me a copy of the background report as they got from NexisLexis
The report did show my name, it showed my social security number, my sex, then it listed the carnival companys Illinois address. (an address I've never been to) it then showed the years my social security number was issued. Then it gave criminal history where it should have shown none it showed the crimainal record for someone who's initials are RBJ whereas my initials are RAT II. I was born 8/16/1965 and RBJ was born 8/16/XXXX it showed RBJ as being in juvenile ct in 2006. In 2006 I was 40 years old a little too old for juvenile court.
on Saturday afternoon the show again agreed to let me work costing me even more time from work another 1.5 days to be more precise. The concession manger who is paid by the carnival to manage all the games and the help that works in the games has called me a "KOOK" not a very good term in the carnival industry, he without saying it outright has called me a liar actual conversation went like this:
ME - Sir I have never been arrested in my entire life, I have had tickets for no insurance, cracked windshield, broken headlight, and for improper tags all of which have been taken care of
LOT MANAGER - Do you know how many times I hear that I believe them and let them work and then we get the background report and the person has felonies some are even listed as pedophiles
they have called me a felon saying I have felonies when in fact I have never been arrested in my entire life.
So now my question. Do I have a case? if so is it for deflamation? against whom the carnival? the concession manager? the background check company? where do I need to file at? what kid of attorney do I need? any help would be appreciated.