False info on Background Check Cost me Employment. Do I have a case?

[MotleyDude]

Arizona

I was hired by a new company scheduled to start on Monday, April 25th. I received an Offer of Employment letter in the mail, which was contingent upon a successful background check.

I was convicted of a felony in 2001, which was reduced to a misdemeanor and then an order to vacate judgement was granted in 2007.

I received a letter today rescinding the offer of employment stating specifically that the background check company reported a felony on my record and therefore they could not continue with my employment. They also included a copy of the background check which mistakenly shows the item as a felony.

I called the employer and explained that it was a) reduced to a misdemeanor and b) dismissed and that I could provide court documents proving such. She declined my employment stating that until the information was corrected, she could do nothing.

I have three questions:

1. Do I have a strong case based on the information I presented?
2. Would it be worth it to persue
3. Since I'm not working, obviously I have little income. What are the chances an attorney would take this on either contingency or payments.

I hope I've provided enough info and I look forward to any and all replies.

 

[cbg]

1.) A case against who? For what?
2.) Since the information was less false than it was not updated, probably not.
3.) I doubt it.

 

[swalsh411]

Have you informed the employer of all this and shown them proof it was reduced?

 

[MotleyDude]

Have you informed the employer of all this and shown them proof it was reduced?

I offered to bring the documents down and provide proof that the information was incorrect. They declined.

I have had this come up in the hiring for other jobs, and providing the documents was sufficient.

1.) A case against who? For what?

I was thinking the background check company. Don't they have an obligation to provide current and correct information?

 

[Captain Picard]

You have a case of "man, I lost that job opportunity" but nothing else. Sorry.

 

[The Occultist]

I was thinking the background check company. Don't they have an obligation to provide current and correct information?

Such a company tends to be an independent, 3rd party, for-profit organization. If their customers are dissatisfied with their service, they can choose to go to a different company. Your argument is like saying that Circle K has a legal obligation to inform you that a certain brand of alcohol might be recalled by the FDA over the next couple months.

 

[quincy]

MotleyDude, I have a question: You said that you were convicted of a felony, which was later reduced to a misdemeanor. Did you mean to say you were charged with a felony and this charge was later reduced to a misdemeanor? This can make a difference in what can be reported and how.

It appears, from what you have posted, that the employer used an "outside" background check company for their background check on you, instead of conducting the background check themselves. If this is the case, the background check company must adhere to the same rules and requirements as credit reporting agencies, under the Federal Credit Reporting Act (15 USC §1681 et seq; http://www.ftc.gov/os/statutes/fcradoc.pdf). Anyone who conducts employment investigations on a regular basis is considered a reporting agency under the law.

The prospective employer gave you a copy of the background check report that was used by them to make their decision regarding your employment. On this report should be the name, address and phone number of the background check company as well as how to dispute errors appearing in the report.

You will need to contact this background check company to get the corrections made in your report, using the court documents you have. The background check company is required to make corrections in the same way that the credit reporting agencies are.

It may also be important for you to double-check the court records and the police records to make sure they are accurately reporting in their databases the updated information on your arrest.

As for any legal recourse, you do not have any at this point, from the sounds of it. If the background check company does not correct errors after your contact with them, then you may have a legal action you can pursue against them.

Because you are aware, and have been aware, of the errors appearing in your criminal history records, you should, until the matter is satisfactorially corrected, advise future prospective employers of what they may find when conducting a background check. Let them know that a felony is being reported in error and that you are taking steps to have this corrected.

Good luck.

 

[The Occultist]

If this is the case, the background check company must adhere to the same rules and requirements as credit reporting agencies, under the Federal Credit Reporting Act (15 USC §1681 et seq; http://www.ftc.gov/os/statutes/fcradoc.pdf). Anyone who conducts employment investigations on a regular basis is considered a reporting agency under the law.

Hrm, I stand corrected.

 

[quincy]

Well, you were right that the Circle K would probably not be legally obligated to tell you of a potential recall of alcohol. . . .