Legal Question in Federal Tort Claims in Florida
Florida Cost me $26K
In October 2005, I was terminated because a felony was listed in my background investigation. Now, I do not have any felonies in my criminal background, yet the Florida Department of Law Enforcement (FDLE) listed a felony on my background investigation when it should have listed only misdemeanors. This error caused me to lose my $1,100/week job.
It took me almost six months (Oct 2005 - Mar 2006) to straighten out my background check & to get my job back (or any job for that matter because no one will hire a felon). Apparently, the FDLE listed this felony on my criminal record in April of 2005. I had a hard time finding work all year - probably because I was stating in my employment applications that I was not a felon & the FDLE was saying that I was a felon. It was only after I was fired by Vance that I found out about the felony error (Oct 12, 2005).
I have been re-hired by Vance; however, I've lost about $26,000 in wages trying to straighten out the FDLE's mistake. I want to be compensated for my lost wages/embarrassment/etc. Do I have a libel/Tort Claims Act case against the FDLE or the State of Florida?
1 Answer from Attorneys
Re: Florida Cost me $26K
libel is an intentional tort and you probably cannot sue the state for that. This involves a claim against the state, so the federal tort claims act would not apply at all.
How was it ever listed as a felony? If there was negligence, then you may have a claim. You must comply with certain notice requirements to do so. A lot would depend on how the felony was listed and why; what was the error? You will need to speak with an attorney to try to see if you have any claim. Fell free to call me if you would like to discuss this further or e-mail me at [email protected]
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