Question:
Can you sue a background investigator for an erroneous report?
Pamela C
2008-10-06 14:55:44 UTC
I was offered a six-figure job pending a favorable background check. The investigating company reported that I had been jailed for 30 days. I've never been jailed in my life. The co. wouldn't hire me and I am afraid for my reputation everytime I explore a higher position. Can I sue that company for ruining that job, defaming me and for loss of income?
Five answers:
Trevor B
2008-10-07 12:06:23 UTC
Yes you can sue. And probably two defendants here. You can target the background firm and the employer, who has a responsibility to request further verification of negative material in case they decide not to offer you the job.



Keep in mind the background firm may be just reporting an error in a state criminal records database. It is the employer who then has a responsibility to confirm the data. And corporations being the greedy bloodsuckers they are, they often take shortcuts here.



The company probably has deeper pockets. Call a lawyer in your state.



Good luck.
realleeme
2008-10-06 15:18:00 UTC
As everyone has told you yes! If it were me I would sue starting with a figure high enough so that the end result will still be a figure$$ that you will never have to work again. If it were me I would
2008-10-06 15:05:45 UTC
Yes! You can and SHOULD sue for lost opportunity DIRECTLY caused by negligent investigation! If you know the name of the investigating company, even better! Don't waste time at Answers. Get thee to employment atty ASAP while the trail is still hot to file your writ and statement of claim framed squarely in defamation. BEST of luck! Please, please write about it when you win - and you will!
2008-10-07 16:00:43 UTC
You should've disputed the findings and asked for a different company or investigator to conduct the check.
2008-10-06 15:01:12 UTC
Yes you can, absolutely!

PS What is a person w/ a six-figure income doing on Yahoo Answers w/o legal knowledge? Not dissing you, it just sounds way fishy.


This content was originally posted on Y! Answers, a Q&A website that shut down in 2021.
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