I was offered (X company sent offer letter) a position and accepted. Then submitted to a background check. The background check company reported something that had been expunged in JULY 2015 to X company.
X company then rescinded the offer of employment. I have submitted paperwork to background check company to fix this going forward.
Note: In TN, release of confidential records or information contained therein other than to law enforcement agencies for law enforcement purposes shall be a Class A misdemeanor.
Your question is one that is often asked on AVVO and on other legal sites. A consumer reporting agency has an obligation to you as a consumer job applicant to maintain reasonable procedures to ensure maximum possible accuracy of the reports it sells to employers. This means that these companies have an obligation to update their databases to make sure expunged, sealed or pardoned expenses are not reported. The failure to do so is potentially a violation of the Fair Credit Reporting Act 15 USC 1681. You may have a claim against the background company for lost wages and other potential damages. Also the employer has obligations as well. The employer has an obligation to provide you with a copy of the report, a summary of consumer rights (which explains how you can dispute the report) as well as a meaningful opportunity to address the report prior to denying an applicant employment. An employer that fails to do this could also be liable to you under the FCRA for lost wages and other damages. Were you provided these rights? Did you get an opportunity to see the report before you were denied employment?
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