Previous Employer Denies That They Every Employed Me

My question involves labor and employment law for the state of: Texas

Hello Everyone,

I’m new to the forum and would greatly appreciate your two cents with regard to my background check situation. I’ve accepted an offer from a prospective employer and agreed to undergo a background check. Well, today I receive a call from the new employer stating that the 3rd party vendor which conducts its background checks spoke with the HR rep from one of my previous employers and that previous employer indicated that they “do not have records of my employment in their database” I was able to clear this up with the prospective employer by furnishing copies of W2s and paystubs but is there any legal recourse that I can take against said previous employer? They are a small company and are very aware of my previous employment with them so I’m confident that this was intentional. Additionally, they never returned my voice message looking to clear the matter up. They tried to pulling a bush league move to hinder my abilities to find good employment. All feedback is appreciated.

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Sorry about the typo in the title

What are your damages?

There is no law that states that they even have to respond to queries about your employment history.

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Quoting Antigone

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There is no law that states that they even have to respond to queries about your employment history.

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Yes I understand this. But the verbiage utilized by the previous employer indicates that I did not work there. If they simply stated that they do not comply with such requests I would not have any qualms.

And you proved that you did. So what. What are your financial damages as a result of their denial?

Once again. What are your damages?

Sorry, we were typing at the same time.

No. Unless you can articulate actual damages there is nowhere to go with this. You were not harmed by their denial and they have no legal obligation to confirm your employment in the first place.

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Quoting cbg

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What are your damages?

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I’m not familiar with the laws surrounding this subject matter (background checks) so I’m inquiring if I have any legal recourse or a different channel that I can make a formal compliant over this matter.

If you have no damages, you have no case.

From what you have posted here, we're going to bank on the fact that you suffered no damages as a result of this error on the part of your old employer so you have no case.

You did not win the law-suit lotto with this one. Move on.

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Quoting Antigone

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And you proved that you did. So what. What are your financial damages as a result of their denial?

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You're right. I don't believe there are any financial damages but their should be a manner to address these types of complaints.

I should be able to wear shorts and a tee-shirt to work but I can't. Should there be a manner to address my complaint?

Quote:

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Quoting Antigone

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If you have no damages, you have no case.

From what you have posted here, we're going to bank on the fact that you suffered no damages as a result of this error on the part of your old employer so you have no case.

You did not win the law-suit lotto with this one. Move on.

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Lol. Sorry. I clearly did not understand how this community interacts. Truth be told I have a strong disdain for this previous employer. I resigned from the company due to some very strange circumstances and because of that I wouldn’t mind slapping their hands and telling them no-no.

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So bottom line... an employer can lie on a background check as long as it does not prevent me from obtaining employment. That seems wrong.

There are a lot of things that seem wrong that are still legal.