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Ely
Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 100048
Experience:  Years of experience in running a medium sized law firm.
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I am a truck driver southern refrigerated in texarkana put

Customer Question

i am a truck driver southern refrigerated in texarkana put false info on me in 2012 i brought it to their attention in 2013 they placed this on a national registry called dac they sai it was correct i disputed again in may 2016 and they now admitted fault and removed it can i make them pay for damages and what firm in ar could i call i live in fort smith
Submitted: 4 months ago.
Category: Employment Law
Expert:  Ely replied 4 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Please tell me:

1) What is the full name of the registry?

2) What exactly did they place on there which was false?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 4 months ago.
HireRight/DACIt was reported that i was terminated, from the job, this is incorrect information, I was not terminated, This information has stayed on the report for almost 3 years, do to this derogatory information, I have been red flagged when applying for positions. i.e. stating that i have lied on my applications. finally after numerous attempts to have this removed from SRT, they admitted in the wrong, and had it removed from HireRight/DAC.
Expert:  Ely replied 4 months ago.

Thank you.

To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.

Someone in your situation can threaten to sue for defamation. The elements of defamation are: the statement caused reputation loss to the you, the material in question referenced you, they are responsible for publishing or speaking the statement under review, the statement caused harm, and there was damage caused.

A letter threatening to sue them unless they pay damages may do the trick. However if they do not budge, then one may have to actually file a lawsuit to get this taken care of. Let me know if you need a sample letter.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 4 months ago.
I have already sent letter intent to sue, Now they will not speak with me on the phone, I contacted this morning.thru certified mail.
Expert:  Ely replied 4 months ago.

If they have not responded and have passed the time given in the letter, then they are calling your bluff. Then you can sue, and let the Court decide. This would be your next step.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 4 months ago.
what would be the charge for you to represent me
Expert:  Ely replied 4 months ago.

I am sorry, but JustAnswer experts cannot represent customers as clients. So, I cannot. May I recommend the TX Bar referral program -(###) ###-#### The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 4 months ago.
Thank you for your help
Expert:  Ely replied 4 months ago.

You are very welcome. Good luck, and please don't forget to RATE my answer in one of top three faces and then SUBMIT – it is the only way I get credit for my time with you – or, please use the REPLY or SEND button to keep on chatting – I want you to be satisfied.

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