Legal Question in Employment Law in California

Lost a job due to faulty background check. Is there justice?

If a person loses a job offer because of incorrect information supplied to an employer from an investigative firm, what recourse does one have? A background check shows my brother being charged for 5th degree theft, a misdemeanor. He was never arrested or charged with such a crime, although we have a brother that was famous for this type of activity. All appropriate steps towards correcting this error have been initiated. The investigative firm is also re-investigating, but the job offer is no longer on the table. What are the rights of the person that lost a potentially good-paying job? Thank you for any assistance you can provide.


Asked on 6/14/06, 9:34 pm

1 Answer from Attorneys
Alden Knisbacher knisbacher law offices

Re: Lost a job due to faulty background check. Is there justice?

You may have a lawsuit for negligence against the investigative firm. You might also have a suit against the employer. Is it worth pursuing -- was the job a good one -- and can you prove that you were offered the job subject to a background check, and (of course) that you were wrongly identified. If those questions can be answered, you might have a case.

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Answered on 6/21/06, 2:06 am


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