Atlanta, GA asked in Employment Law and Civil Rights for Georgia

Q: What to do if I was fired and it was put on my background as a misdemeanor for other jobs for which I was not charged?

It was put on my background check in order for me to obtain other jobs as a misdemeanor in which I was not charged, I was just giving a warning. Neither is it in the sheriff office system. The job that fired me put it in the system as a misdemeanor, I was not charged with anything nor went to jail ,or court. I was only served a no trespassing warning. I am guessing to prevent me from obtaining another job. I have paperwork stating that it is just a warning.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: This situation sounds concerning and potentially unfair. Based on the information provided, here are some steps you may want to consider:

1. Review your background check:

Obtain a copy of your background check to confirm what exactly is being reported.

2. Gather documentation:

Collect all relevant paperwork, including the warning you received and any termination documents from your former employer.

3. Contact the former employer:

Reach out to your former employer's HR department to inquire about the reported information and request a correction if it's inaccurate.

4. File a dispute with the background check company:

If the information is incorrect, you have the right to dispute it with the company that conducted the background check.

5. Consult with an employment attorney:

An attorney specializing in employment law can advise you on your rights and potential legal actions.

6. File a complaint with the EEOC:

If you believe this is discriminatory, you may file a complaint with the Equal Employment Opportunity Commission.

7. Consider contacting the Georgia Department of Labor:

They may be able to provide guidance or assistance in this situation.

8. Keep records of job applications:

Document instances where this inaccurate information may have affected your job prospects.

It's important to act promptly to address this issue, as it could significantly impact your employment opportunities. If you haven't already, you may want to consult with a local employment attorney who can provide more specific guidance based on Georgia law and the details of your situation.

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