Do I have a potential lawsuit or is there anything I can do to speed up the background heck process so I don’t lose my job offer?
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Do I have a potential lawsuit or is there anything I can do to speed up the background heck process so I don’t lose my job offer?
I had a company called first advantage run a background for a previous job and the background had an error which I disputed and won. Now I have an offer for a very good company and they also used the first advantage company and the same error appeared because they didn’t update their database. Now I’m in jeopardy of losing this job opportunity because they told me a dispute takes 30 days.
Asked on February 3, 2017 under Employment Labor Law, Georgia
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You can sue First Advantage for negligence for not correcting the error in its database.
Negligence is the failure to exercise due care (that degree of care that a reasonable background check company would have exercised under the same or similar circumstances to prevent foreseeable harm).
Your damages (monetary compensation you are seeking in your lawsuit) would be lost income if you lose the job opportunity due to the negligence of First Advantage.
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