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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20227
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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Hi. A few years ago I was working at a company and they let

Customer Question

Hi. A few years ago I was working at a company and they let me go for stealing, which I didn't fight and I should have. But I went ahead and paid the amount that they said I stole PLUS their $350 fee for their attorney. I never went to court nor did I get arrested. Is there anything I can do to get this taken off my record so I can get a decent job? I am in Texas.
Submitted: 4 years ago.
Category: Employment Law
Expert:  Marsha411JD replied 4 years ago.

Thank you for the information and your question, however, I am unclear what kind of "record" you are referring to since you say you never went to court or were arrested. Are you saying the company sued you for the amount they said you took and are telling perspective employers that you were terminated for theft? If not, please clarify what record it is that you want to have cleared up and what it says.

Customer: replied 4 years ago.

My background check. I just had an interview last week and the company called me and said my background didn't clear and gave me a number to call. So I called and it didn't clear because the other company had put the incident on my background check. I don't know if I can have it removed so I don't have this issue again.


Thank you

Expert:  Marsha411JD replied 4 years ago.
Hello again and thank you for your reply. There is a disconnect here someplace, because background checks, other than actual contact with a previous employer for references, only show criminal records and credit reports from the credit reporting agencies. You didn't tell me whether or not you were sued, so I can't guess whether or not this is on your credit report legally or illegally. If you were actually sued, then it is on your credit report legally and should come off within two years of when it was resolved. If you were not sued, but this is still on your credit report, then you will need to straighten this out with the credit reporting agencies and your former employer. That may require getting an attorney involved. Without knowing though who you called I have no way of knowing the complete picture here. If you believe that this was on your credit report, then you have to get a copy of it and deal directly with the credit bureaus as I mentioned above.

If this was on your credit report, perspective employers are required by law to give you an actual physical copy of what they receive after the background check showing the problem. That is required under the Fair Credit Reporting Act.

Otherwise, there is nothing else that would be on a "background check" other than a criminal record (must have been charged in criminal court) or credit history. On the other hand, if they meant that they called your prior employer for a job reference, then that is completely different. If your prior employer is saying that you were terminated for misconduct due to theft, then if you have proof that this is a false statement, you can find a personal injury attorney and sue them for defamation of character. That is the only way to permanently stop them from saying that you stoled from them unless they will stop voluntarily.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Customer: replied 4 years ago.

I wasn't taken to court or even arrested and I wasn't sued. Their attorney sent me a paper with the total amount stated that was stolen plus their attorney fee. They told me if I paid the amount that it would stay off my record. So I did so. No police. No court. Just the paper and I paid it off within the year. So I don't know if you would count that as "sued" but I did get a paper and I did pay it off. Let me know if this helps at all.

Expert:  Marsha411JD replied 4 years ago.
Thanks for the reply. Well if you weren't sued, this shouldn't be on your credit report. So, you still want to get a copy of your credit report to make sure nothing in on there that shouldn't be. If this is on there, then you will need to send a copy of your paid in full letter to the credit agency and explain the situation so they will remove it. If you have difficulty with that, you may need the assistance of a local attorney.

If this is not on your credit report, then the only way a prospective employer would know about this is by an actual reference from the prior employer. Please see what I said about that in my initial reply as that is the process you will need to follow if this is coming from your prior employer.
Expert:  Marsha411JD replied 4 years ago.
Hello again,

I wanted to touch base with you and make sure that you did not have any more follow up questions for me from the question I answered for you on the 1st. The Site has been a little buggy lately so the Experts are not always getting replies or ratings that the customer thinks have gone through.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue if needed.

Thank you.

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