What to do if my husband was terminated for supposedly falsifying his application because he did not list a dismissed misdemeanor on his application?

UPDATED: Sep 5, 2012

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What to do if my husband was terminated for supposedly falsifying his application because he did not list a dismissed misdemeanor on his application?

Now they are keeping him from getting a job by telling them that he falsified his application. What can we do?

Asked on September 5, 2012 under Employment Labor Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

When employers run background checks on people, they usually purchase the reports from a consumer reporting agency.  Under the Fair Credit Report Act, a potential employee has the right to contest any consumer report-- including one that contains criminal history information.  Contact HR, request a copy of the report that they relied upon, and tell them that you would like the information or form used to dispute inaccurately reported information.  They should have the form for contesting an adverse employment decision.  If they don't have the form, get the name of the agency, at least, that gave them the report, and contact the agency for the dispute form. 

While doing the dispute procedures, your husband should also get a copy of his dismissal and show it to the HR manager-- so they will know that he was not lying.  This is not a guarantee that they will reconsider their decision... however, he needs to get the record officially cleared up so that it doesn't happen to him again.


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