Legal Question in Employment Law in Ohio

I recently applied for a job and was called in for an interview at Kohl's. I filled out the paperwork for a background check and they said if they are interested, they will do a background check. I had a theft charge dismissed and sealed in February of '09, yet the company that did the background check sent in information that said my case was pending as of 8/25/08. They never updated their information in these past 2 years and sent in false information. Right after I got this notification saying Intellicorp sent that info, I got a rejection letter. Do I have any grounds for a lawsuit? They used false information to disqualify me from a job, not to mention the fact that Intellicorp never actually did a thorough background check. Thanks for your answer.


Asked on 7/07/10, 5:30 pm

1 Answer from Attorneys

Neil Rubin Neil S. Rubin, Attorney at Law, LLC

This message is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.

What is needed is to identify the source of the information that Intellicorp is gaining. Then you should hire an attorney to write letters to the violating entities to cease and desist giving out this information.

As far as a lawsuit is concerned, you would have to prove that, but for the sealed information, Kohl's would have hired you. This would be very difficult.

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Answered on 7/19/10, 6:29 am


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