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  1. #1
    Join Date
    May 2010
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    6

    Default Can You Sue Over Incorrect Background Check

    Wife applied for a job and was offered the job pending a background check. Background check came back with two misdemeanors. So since my wife marked no if she had a felony or misdemeanor she was denied employment. Come to find out the misdemeanors are traffic tickets in the state of Ohio and are considered minor misdemeanors and by legal definition are not the same thing and cannot be lumped together in the question of having a misdemeanor because it is more like having an infraction. The company that performed the background check was called and a dispute was filled but the company will not remove them from her criminal background check which is keeping her from getting hired is this terms for a lawsuit?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    16,127

    Default Re: Can You Sue Over Incorrect Background Check

    Can she prove to the satisfaction of the judge that if not for the mistake in the background check, she would DEFINITELY have gotten the job?

  3. #3
    Join Date
    May 2010
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    6

    Default Re: Can You Sue Over Incorrect Background Check

    Yes Because she was already offered the Job from the dirictor pending the background check.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
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    Default Re: Can You Sue Over Incorrect Background Check

    Now, can she prove that the company has a duty to change the information?

  5. #5
    Join Date
    May 2010
    Posts
    6

    Default Re: Can You Sue Over Incorrect Background Check

    Yes we had tried to dispute it with the company and explained to them the the attorny that we spoke to stated that the speeding violations(minor misdemeanors) should not have been listed on a criminal background check as a misdemeanor because they weren't they are two completely different things even though they share the word misdemeanor in their names can not be classified as the same. The company stated it is not their job to interpret the law and there for will not change the background check.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    16,127

    Default Re: Can You Sue Over Incorrect Background Check

    And they are right; it's their job only to report what they find.

    But it is clear from reading not only this, but other posts as well, that nothing is going to satisfy you but being told you can sue. So frankly, I'm not inclined to waste any more of my time discussing it; you're determined to sue no matter what anyone says so I can put my time to better use than trying to show you the problems with your argument.

  7. #7
    Join Date
    May 2010
    Posts
    6

    Default Re: Can You Sue Over Incorrect Background Check

    I really don't want to sue i just want them to report the correct stuff on my wifes background check a minor misdemeanor for going 10 mph the speed limit and for an accident due to bad weather do not need to be showing up on a criminal backgroundcheck for a job that has nothing to do with driving

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