Q: Help with background check information?
I was supposed to start my new job almost three weeks ago. I signed all the new hire paperwork and was given a start date. The only thing I was waiting for was my background check. The background check used by this company is a third party, they don't do them in house. So, when I finally got my background check it came back wrong. My name has a JR in it, and they searched for me without junior in a lot of the areas. A sex crime came back where the man is supposed to be in jail right now. I filed for a dispute, and my boss told me over the phone that they have to wait for the dispute to happen, to give the job away or for me to start. My boss told me today that HR has decided not to move forward with me. I cut back on my job now because I was supposed to start week after week, they were telling me different dates. Now, I am late on my bills and don't even know if I can even pay my rent this month. Is there any legal action I can take toward the actual company or the background check co
A: This is a very common problem that has plagued job applicants nationwide for years. In fact, I have represented individuals like you across the country (it happens everywhere.) You do have rights! In fact, you have rights which may have been violated by the employer and the background reporting company which may result in you receiving financial compensation under the Fair Credit Reporting Act (FCRA.) The FCRA requires that background reporting companies keep reasonable procedures in place to ensure maximum possible accuracy of the report. The reporting company failed this when they reported what is called "Mixed" information (information about someone else.) Because of this erroneous report, you could file a claim in Federal Court against the reporting agency and demand lost wages and other financial damages. An attorney experienced in this area of law can usually practice anywhere in Federal Courts in other states. Did you receive a copy of the report PLUS a written statement of rights from the employer? Did the employer give you at least 5 days to address the report BEFORE it made a final decision not to hire you? Please see this link for more information about your rights. https://www.avvo.com/attorneys/44054-oh-anthony-pecora-558641.html and https://www.facebook.com/ohiobackgroundreportlawyer/?ref=aymt_homepage_panel
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