I'm a senior accountant in my late 50s and have been unemployed for about 2 years now. Every job interview I've had has gone well and I've always passed whatever accounting test I've been told to take but I've never received a call back despite how well everything went and I always wondered why. Just recently, I learned that the background check company that provides the firms I interviewed with my background info was supplying the wrong record--in fact, it turns out that all this time, the background check company was sending the firms a background of a Mexican felon who lives in Texas that has a 10-page criminal record (drug offenses, stolen cars, DUI, etc.)--the worst offense I've ever had in my life was probably a speeding ticket. I don't know how but the guy has the same SSN and birthday as me (which is probably why his record came up whenever I gave my SSN to the firm I interviewed at) but his name is clearly not the same as mine and I can't believe they didn't look to cross-reference names at least before sending it to the firm and costing me a potential job.
Clearly, all of this time I could have been offered a job that I've always been told was contingent on passing a background check when in reality the background check company was sending the wrong information. Is it at all possible for me to sue the background check company for damages or potential lost wages? I've been unemployed (and still am) and I haven't been able to land anything because of this mix-up for two years!