Legal Question in Civil Litigation in Missouri
Misinformation from background check agency results in loss of job
I have just found out that for the last 8 years the Missouri Highway Patrol has been providing possible employers and all others that do a background check on me incorrect information. They have told others that I have 3 felony convictions when in reality, I have 1 misdemeanor. I have been fired from one job, and never hired at numerous others due to this. I only found out because I applied to substitute teach recently and the state refused to give me a certificate because of the felonies on my background check. The mistake on their behalf is not due to identity theft, but their own mistaken information. I am wondering if I have any rights to sue them for my loss of wages, employment lost, trauma, etc... since it has been their incorrect report that has cost me all these things? Or since they are going to correct my report, do I just have to suffer my losses of the last 8 years and go on?
2 Answers from Attorneys
Re: Misinformation from background check agency results in loss of job
I would think that there is a possibility that you might have a case against the Highway Patrol. Reporting three felonies (as opposed to one misdemeanor) is a pretty serious error on their part, and might give rise for a cause of action under 42 USC Section 1983.
Our firm does not handle actions against the Highway Patrol. However, I do know other firms who have taken these kinds of cases before and would be happy to refer you to one.
There will be a time limit past which you cannot go back (a statute of limitations) so I doubt you'll get damages for the last eight years, but you should be able to obtain some relief. Of course, much of your case will rest on whether the background check was the cause in fact of your failure to obtain employment.
The Missouri Bar operates a lawyer referral service, and you can obtain legal help there. There are also numerous attorneys on Law Guru who would probably be willing to discuss your action with you. If you cannot locate an attorney through one of these means, you can certainly call me and I will try to refer you to someone.
Re: Misinformation from background check agency results in loss of job
I concur with Mr. Dewitt, that there is a time limit on your claims, and a tough burden to prove that the misinformation was given to a specific entitiy and that this information was the reason for the negative action toward you.
I suggest that you contact soem of these previous employers and potential employers and tell them of the error on the part of the Highway patrol. You may get a positive outcome that way.
You were very vague in explaining the reason for the mistaken information, so it is very dificult to assess your stance as related to proving negligence or recklessness on the part of the highway patrol. Did they get the wrong information from another source, or was it a clerical error within their system? Either of these situations may hamper your ability for recovery.
Good Luck
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