Not being hired due to wrong info being giving to employers

[LsPilot82]

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

I am a commercial truck driver and have been looking for a new job. I've been turned down a few times due to the fact that the companies they use are giving them the wrong information and saying that I've been convicted of a felony when in fact it was a misdemeanor. What can I do about this? I have a certified letter from the clerk of courts stating in fact its a misdemeanor, as well as my record showing Misdemeanor and no felony. Could I sue the reporting agency who are giving these potential employers the wrong information which is keeping me from being hired.

 

[HomeGuru]

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

I am a commercial truck driver and have been looking for a new job. I've been turned down a few times due to the fact that the companies they use are giving them the wrong information and saying that I've been convicted of a felony when in fact it was a misdemeanor. What can I do about this? I have a certified letter from the clerk of courts stating in fact its a misdemeanor, as well as my record showing Misdemeanor and no felony. Could I sue the reporting agency who are giving these potential employers the wrong information which is keeping me from being hired.

**A: what specially was the misdeed? And how do you know you were being turned down due to the felony report and not due to the fact that you have a record?

 

[Zigner]

When you initially interview and present the information showing that it was a misdemeanor, include a note that reporting agencies are improperly reporting this as a felony.

 

[HomeGuru]

I think the OP is writing down that there is no history of a conviction, then when the prospective employers get the background check results, the OP looks like a liar.

 

[quincy]

If you are being denied employment based on information provided by a background check company, the employer should be providing you with the background check company's contact information.

If erroneous information is showing up on your record, and it is not due to errors in the databases of the original reporting agency or agencies (the court, the police), then the background check company must make corrections in their records. They are bound by the same rules as the credit reporting agencies. If corrections are not made after you have provided the background check company with the correct information, then you may have some legal recourse.

But you must take steps to have the false facts removed first, before any legal action can be considered.

 

[LsPilot82]

**A: what specially was the misdeed? And how do you know you were being turned down due to the felony report and not due to the fact that you have a record?

Of course not. I am only applying
with companies that allow misdemeanors, which is all of them. The only guidelines some have are whether they are 3 or 5 years old. So me having a misdemeanor is no biggie to most.

I think the OP is writing down that there is no history of a conviction, then when the prospective employers get the background check results, the OP looks like a liar.

Yes that is correct I think. I was originally charged with 2 counts, 1 felony, 1 misdemeanor. The felony was dropped due to no evidence but I was convicted of the misdemeanor. The companies that are using the same reporting agency is saying that I was convicted of a felony, which is incorrect. When I called Lexis Nexis who is the reporting agency they said there is nothing they can do because they get all there info from public places...yada...yada...yada. So somewhere there is a mess up. Here is the thing though, when I pull up my information on the courts website it shows I was convicted of a misdemeanor and the felony was dropped.

 

[csi7]

Get the information in Writing from the reporting agency.
Use this physical evidence to do your follow-up for correction of the resolution of the charges, which are correct as charges.
The reporting company is stating that they list all felonies.
What the reporting company is failing to do is to show whether the charges are dropped, reduced, and this is creating false information discrepancies.
The reason you need the evidence in writing is to prove your case.
You can then file an official complaint with the state over the reporting agency.

 

[applecruncher]

OP, you didn’t answer the question about what was the misdeed.

I know of instances where people were turned down for jobs because they had conviction records for various misdemeanors (telephone harassment, menacing, shoplifting). Granted, these were not for truck driver positions, but some employers simply don’t want anything to do with applicants who have done certain things – even though it was in the past and they might have cleaned up their act, so to speak. Not having a felony conviction doesn'y guarantee a job offer.

However, as others said, if in fact the reporting agency is dispensing erroneous information, you have no choice other than to contact them and get it corrected.

 

[LsPilot82]

OP, you didn’t answer the question about what was the misdeed.

I know of instances where people were turned down for jobs because they had conviction records for various misdemeanors (telephone harassment, menacing, shoplifting). Granted, these were not for truck driver positions, but some employers simply don’t want anything to do with applicants who have done certain things – even though it was in the past and they might have cleaned up their act, so to speak. Not having a felony conviction doesn'y guarantee a job offer.

However, as others said, if in fact the reporting agency is dispensing erroneous information, you have no choice other than to contact them and get it corrected.

The misdeed isnt the issue here. The issue is that the companies have told me straight up that they do not hire people with felonies younger then 7 years old...I tell them I was never convicted of a felony and they say thats not what the reporting agency is saying.

 

[swalsh411]

OP is deliberately not providing details on the misdemeanor which tells me that it very much is at issue, his opinion that it doesn't matter notwithstanding.

 

[LsPilot82]

OP is deliberately not providing details on the misdemeanor which tells me that it very much is at issue, his opinion that it doesn't matter notwithstanding.

Don't give me that crap. What I did or didnt do isn't anyone's business, nor is it the issue. Your just trying to get useless information from me. I said it more then once that the reporting agency is saying I was convicted of a felony, not a misdemeanor, which is wrong. It doesnt even show I have a misdemeanor in their records just a felony. So don't give me that Im hiding something B.S. because thats not even anyones business anyway.

If you must know though what this is over, do a search.

 

[Zigner]

Don't give me that crap. What I did or didnt do isn't anyone's business, nor is it the issue. Your just trying to get useless information from me. I said it more then once that the reporting agency is saying I was convicted of a felony, not a misdemeanor, which is wrong. It doesnt even show I have a misdemeanor in their records just a felony. So don't give me that Im hiding something B.S. because thats not even anyones business anyway.

If you must know though what this is over, do a search.

It took some digging - and you were just as dodgy on your other threads.

https://forum.freeadvice.com/arrests-searches-warrants-procedure-26/how-do-i-get-rid-injunction-526065.html

On probation for attempted falsification to a pawnbroker. Then a VOP for that.

Perhaps your dishonesty, combined with your attitude, is the REAL reason you're not getting hired.

 

[LsPilot82]

It took some digging - and you were just as dodgy on your other threads.

https://forum.freeadvice.com/arrests-searches-warrants-procedure-26/how-do-i-get-rid-injunction-526065.html

On probation for attempted falsification to a pawnbroker. Then a VOP for that.

Perhaps your dishonesty, combined with your attitude, is the REAL reason you're not getting hired.

I came on here asking a question, information about what i did doesnt matter, so I can be dodgy all I want. Thanks.

 

[swalsh411]

I came on here asking a question, information about what i did doesnt matter, so I can be dodgy all I want. Thanks.

Sure you can. And then you won't get the answer you need to actually improve your situation in life, and then you get all frustrated at how unfair life is and how everybody is out to get you. Judging by how your other threads have turned out I would think you would have learned that by now. Good luck!

 

[applecruncher]

Yeah, wonderful potential employee with a great attitude.