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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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I live in Portland, OR and was offered a position with a helicopter

Resolved Question:

I live in Portland, OR and was offered a position with a helicopter company in San Diego over the phone after several interviews. A few days after submitting the pre-employment paperwork/background authorization, I received a very short email from the helicopter company stating that they must "terminate negotiations immediately due to unforeseen circumstances." A few days after that I got the results in the mail from Lexis Nexis with several felonies/crazy misdemeanors from someone with my same name in Texas (which I've never been to) - also, I was in high school/overseas with the military when most of this nonsense occurred. I disputed the results with Lexis Nexis and emailed the helicopter company explaining that they received incorrect results. Today, I just got a reply stating that they had already filled the position with another candidate. My questions are : 1- Do I have to contact an employment attorney from Oregon or California? and 2- Can I sue Lexis Nexis for negligence and/or lost wages?
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Joseph replied 4 years ago.
Hello and welcome to JustAnswer.

You could hire an employment attorney in California to sue for breach of contract, if you were told that you had the position. However, if the position were contingent upon a background check, then the company wouldn't be liable for breach of contract even if though it relied upon the erroneous information it received from Lexis Nexis.

You could sue Lexis Nexis for libel for publishing false information about you if they attested that they were giving accurate information about you to the company.
Customer: replied 4 years ago.
I never said anything about going after the helicopter company.

With Lexis Nexis being a national company and me being in Oregon, do I have to hire an attorney in California?
Expert:  Joseph replied 4 years ago.
No, since Lexis Nexis is a naitonal company, you wouldn't need to hire a California attorney, and you could hire an attorney in Oregon to sue Lexis Nexis for defamation and libel.
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