Legal Question in Civil Litigation in California
Erroneous Personal Information
I was notified by my new employer that a background report based on information received from a contractor hired for the purpose showed erroneously that I am a registered sex offender. After nearly biting the head off the HR rep, I was given the contractor's number. I called and was told I could dispute the information. I was also told that there was a picture of the crook in the file and the employer could see that. That was done, and the employer is satisfied that I do not have a criminal record.
What kind of action can I bring against the contractor? I want to see the report (I was told I didn't have access), have the information expunged, an apology from the contractor, and can I receive any kind of compensation for this foolishness? The employer's HR rep told me that my supervisor will not be told of this incident. Is the employer liable for any injury to me because of this? To say the least, this has colored my attitude towards the employer, and I have yet to start work there!
1 Answer from Attorneys
Re: Erroneous Personal Information
You may very well have the basis for a suit but first you need to get some additional information. Who made the mistake as to your background? Did the employer give incorrect information, any physical description or photos of you or age, body size, etc, so the contractor should have known it was not you? Did they follow all the procedures they normally do? Was there any reason they did such a check or do they do it with everyone? Talk to the supervisor of the person who refused to give you a copy of the report and go up the chain until someone will give you a copy. You may not be entitled to a copy but point out that the false information was very damaging and you should be able to find out who made the mistake and why it occurred so that it does not happen again. Then try to speak to the contractor and find out why it happened; be calm in all of your communications or you will not get any answers.
Once you have the above information, go to an attorney to get legal representation. The attorney will probably agree to a fee based upon a percentage of the recovery. If you suffered any inability to work, need for medical/psyche treatment, then you actually could probably made a Workers' Compensation claim.
Good luck.
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