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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 114029
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I recently was offered a job at a very large Tech company

Customer Question

Hi:
I recently was offered a job at a very large Tech company here in the SF Bay Area. My offer was contingent upon my successfully passing a criminal and employment background check. Last Wednesday, THREE days before I was supposed to start my new job, I got a call from the employment agency I am working with. The recruiter informed me that I had failed the background due to derogatory information provided by my previous employers. I knew this information was false as I have done several background checks in the last year all of which I passed with NO issue whatsoever. I informed the recruiter of this, also emailed my previous employer while on the phone with the recruiter and she said that she not only made those statements to the background company, but that she had attempted to correct them. It took them a few days to get the information straight. Finally, it was corrected. The second employer that they mentioned provided derogatory information also corrected that info. Turns out, in the end I passed the background but the company is considering not offering me employment due to this issue, although it's been corrected and amended. Do I have a case to sue either the background investigation company, employment agency or company I was offered employment with?
Submitted: 1 year ago.
Category: California Employment Law
Customer: replied 1 year ago.
Hi: I recently was offered a job at a very large Tech company here in the SF Bay Area. My offer was contingent upon my successfully passing a criminal and employment background check. Last Wednesday, THREE days before I was supposed to start my new job, I got a call from the employment agency I am working with. The recruiter informed me that I had failed the background due to derogatory information provided by my previous employers. I knew this information was false as I have done several background checks in the last year all of which I passed with NO issue whatsoever. I informed the recruiter of this, also emailed my previous employer while on the phone with the recruiter and she said that she not only made those statements to the background company, but that she had attempted to correct them. It took them a few days to get the information straight. Finally, it was corrected. The second employer that they mentioned provided derogatory information also corrected that info. Turns out, in the end I passed the background but the company is considering not offering me employment due to this issue, although it's been corrected and amended. Do I have a case to sue either the background investigation company, employment agency or company I was offered employment with?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If someone is making known false statements about you, you can sue the company that is making these known false derogatory statements against you for defamation/slander/libel and seek damages from them for the harm their known false statements are causing you. This is not the fault of the background company or the prospective employer, it is the fault of the company that is making these false statements and that is who you have a right to sue.
Expert:  Vanessa-cssm replied 1 year ago.
Relist. Incomplete answer.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Do you have a follow up question I can answer for you about this? If so, please use "REPLY" and I will work through all of your additional questions with you until you have all of the information you need to be better informed about your situation.

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