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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102601
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I did not get a job because of a bad background check. Can

Resolved Question:

I did not get a job because of a bad background check. Can i sue the background check company.
Submitted: 6 years ago.
Category: Legal
Expert:  Ely replied 6 years ago.

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

What did the background check agency provide that was untrue?
Customer: replied 6 years ago.
The check came back with about 10 felonies on it. I don't have any felonies.
Expert:  Ely replied 6 years ago.
Ah, thank you.

Yes, in this case, you may. This is called defamation, and is actionable. The elements of defamation include: (1) a false and defamatory

statement concerning another; (2) an unprivileged publication to a third party; (3) fault on the part of the publisher; and (4) either actionability of the statement irrespective of special harm or the existence of special harm caused by the publication. See Restatement § 558 and Holtzscheiter v. Thomson Newspapers, Inc., 411 SE2d 664, 666 (SC 1991.

Even more so, allegations of criminality are defamation per se, in which case, you do not even have to prove damages, they are understood.

You do have a good suit here.

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