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Failure Of Background Check

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CGRAY

Member
What is the name of your state? AZ
Sorry if wrong topic, but this is most suitable area I could find. Here is my situation.
I am currently going through a background check for a position with the Dept of Homeland Security. I received a letter this morning claiming I failed due to "Misconduct/Negligence in Former Employment". I have only held 3 jobs in the last 10 years (Dept is only checking last 10), and the previous 2, I left on good terms, no problems. My last position, I was term'd. I was told by VP that my attitude had become defeatest and morose and was always expecting things to go wrong, in turn, creating a negative enviroment. The letter I received from the company when I applied for UI claimed I was "unable to manage my employees", which was weird since they had all been previously laid off due to lack of work and then replaced by low cost prison work release members.
If a responsible party of my previous employer gave out untrue/unfounded info of me to the investigator, do I have civil legal recourse againist them? The investigation is only concerned with my character and work ethic. They are not concerned with ability to manage, profit/loss ability, etc. Just the basics: did employee committ theft, excessevily consume alchohol, drugs, habitually late, etc. None of the issues would concern me negativly. I had zero write-ups, councelings, etc. Never even got a performance review, even though asked for one on multiple occasions. As far as I know, completely empty employee record.
I also had to file legal action againist company to get them to reinburse expenses that they were giving me the runaround about for 2 months before they finally coughed up. Maybe, this is their way of payback?
So, again, if I were to find out that something was falsely submitted, can I go get them?
 


cbg

I'm a Northern Girl
We have no way of knowing why they did what they did. We are not inside their head.

You would not only have to prove that the information they provided was false, but also that they KNEW it was false. Not that it was an error, not that they had a different opinion from you, not that there was a misunderstanding, but that they deliberately and maliciously lied.
 

CGRAY

Member
Thanks. I don't know what they said either, but will eventually be able to find out. Since I have been a source for 3 others, I know exactly what these investigators ask so I am 100% positive that any negative information given by them has to be false and unfounded.
Just for my own clarity, could my for company tell someone that Employee X was stealing from the company or coming to work while under the influence, etc even though there is no record of Employee X doing so and that employee was, on paper, released due to unsatisfactory production results? Must they have something that shows Employee X was warned or advised as to their conduct or term'd for such conduct? Or can they just flat out say "we think he was abusing alcohol" or "we were suspicious that he may have been stealing" even though they have no proof of this?
 

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