Legal Question in Business Law in Virginia

I work for a company that does projects for corporations that routinely require criminal background checks. My background holds two misdemeanors from a single event more than 11 years ago. I have never hidden this fact from my employer or any client requesting a background report.

On a recent project, I was denied an access badge because the background reporting company erroneously reported three convictions against my name but they were actually against another person with the same first and last name. They checked by name and city only but no further filter to properly distinguish my record from any other person with the same name.

Later, upon receipt of a requested copy of the report and follow up, they admitted their mistake and reported to my company the erroneous charges. Unfortunately, it was too late to gain clearance and it affected my ability to work on that project. This jeopardized my employment and caused undue anxiety, stress, and serious inconvenience for myself and my company.

Now, I am being denied access on another project when I reported the two actual misdemeanor convictions (single incident), on my record (as required on their qualification form), occurring more than 11 years ago. Our client has reported to my company that I did not disclose some prior incident. This is simply not true. I believe the same background reporting mistake is being made again.

I am waiting for a new company supplied background check to be sent to me and also a copy of the report supplied to the client. In the meantime, my job has been jeopardized (received a concerning message from a corporate executive leading my division), and I have been denied access on the company assigned, 10 week long project.

If this mistake is not rectified immediately, or if the client still refuses to allow me on the project because of the inconvenience, I could be laid off or lose my job. My job may be in serious jeopardy due to a mistake made by their negligent reporting. This could cost me thousands of dollars and my employment at my job with a salary of more than $72K per year. Potentially, I could lose the means to support my family because of negligent background reporting.

If I cannot work and or I lose my job, is there any recourse against this company for not running a proper report?


Asked on 7/31/14, 3:23 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

If you mean to ask, can you sue this company which allegedly erred in conducting this background check on your person? Yes, of course, you can sue, but winning your lawsuit is a different matter, and based upon the few facts offered here in your question, I wouldn't characterize your chances of such a win as a "slam dunk", so to speak, by any means.

Read more
Answered on 8/01/14, 7:00 am


Related Questions & Answers

More Business Law questions and answers in Virginia