Background check was false what do I do?

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 company?

Asked on October 5, 2017 under Employment Labor Law, Florida

Answers:

Anthony Pecora / O'Toole, McLaughlin, Dooley & Pecora, Co. LPA

Answered 3 years ago | Contributor

This is a very common problem nationwide.  As a job applicant, you are protected under a Federal law called the Fair Credit Reporting Act.  This law requires employers to FIRST provide you with a copy of the background report, plus a meaningful opportunity to dispute or address the report (about 5 days) BEFORE any final employment decisions are made.  This this happen?  Did the employer give you the report?  Did the employer give you time to discuss it?  Also, you have a potential claim against the background reporting company.  Did you dispute the report?  In sum, you have some very good claims against both the employer and the reporting agency.  I have fought to help people get their jobs back and compensation under this scenario.  Feel free to contact me.  


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