Do I have a potential lawsuit or is there anything I can do to speed up the background heck process so I don’t lose my job offer?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Do I have a potential lawsuit or is there anything I can do to speed up the background heck process so I don’t lose my job offer?

I had a company called first advantage run a background for a previous job and the background had an error which I disputed and won. Now I have an offer for a very good company and they also used the first advantage company and the same error appeared because they didn’t update their database. Now I’m in jeopardy of losing this job opportunity because they told me a dispute takes 30 days.

Asked on February 3, 2017 under Employment Labor Law, Georgia


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can sue First Advantage for negligence for not correcting the error in its database.
Negligence is the failure to exercise due care (that degree of care that a reasonable background check company would have exercised under the same or similar circumstances to prevent foreseeable harm).
Your damages  (monetary compensation you are seeking in your lawsuit) would be lost income if you lose the job opportunity due to the negligence of First Advantage.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption