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Erroneous Criminal Record Provided

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eagle634

Junior Member
I'm in North Carolina.

If one is denied employment with a company because a third party company that does background checks provides an erroneous criminal history, can that job seeker sue?

Thanks!
 


cbg

I'm a Northern Girl
Potentially, but who would you sue?

The employer? No, they only acted on the information they received.

The background checker? No, they only reported the information they received.

To sue, you'd have to find out where the inaccurate information came from and the burden of proof would be on you to show that it was done either knowlingly or negligently.
 

CO19

Member
I'm in North Carolina. If one is denied employment with a company because a third party company that does background checks provides an erroneous criminal history, can that job seeker sue? Thanks!
Anyone can sue anyone for anything... below should get you started to determine if a violation occurred:

Summary of Your Rights:
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre35.pdf

Using Consumer Reports - What Employers Need to Know and Credit Reports: What Information Providers Need To Know:
FTC Business Information - Advertising
 

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