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2Curious

Member
What is the name of your state (only U.S. law)? AZ

I recently interviewed for a job and was in the final stages of awaiting their offer. They then called me saying that the initial results from my background check showed I had 2 felonies. I was very surprised because I had never been arrested in my life. To make a long story short, I verified with the county courts that I had nothing on my record AND with the operations manager of the company running the background check (E-Verify) that this wasn't me BUT even after these red flags said they were still going to submit a completed report as is. If you know there is information on that report that has been brought to your company's attention as not being true then you shouldn't send off the information because that is a representation of the person's character. They said, of course, a dispute could be done but only after the report was complete and submitted. That process could take anywhere from 7 to 30 days. Unsure if the employer will say sorry but we're moving on.

If the employer does move onto the next candidate then what liability does E-Verify have for the potential hundreds of thousands of dollars I just missed out on? Just seems in my opinion they are KNOWINGLY sending out hurtful and defamatory information.
 


Proseguru

Member
Did you sign a waiver? If not, I agree, companies that want to cash in on background checks should be held accountable for not using due diligence and acting in a willful and wanton manner.
 

2Curious

Member
No waiver signed just permission to run the background check. E-Verify is indeed the company running the background check. At least that's who I've been talking with in regards to these issues. I'm just blown away that a company can knowing submit criminal information like this when the full names don't even match up.
 

Zigner

Senior Member, Non-Attorney
I stand corrected. Apparently there is a company called E-Verify running background checks.
 

Proseguru

Member
This them?:

http://en.wikipedia.org/wiki/E-Verify

A gov't agency? Oh brother ... when did the feds start getting involved in employment matters like this?


from the link:

Arizona

The state of Arizona requires employers to participate in E-Verify: the Legal Arizona Workers Act has survived a number of constitutional challenges, up to and including the US Supreme Court[14] and is currently in effect. The Legal Arizona Workers Act requires all Arizona employers to use E-verify with all newly hired employees, effective 1 January 2008.[15] As of December 2008, 5.6 percent of Arizona businesses had signed up with E-verify.[15]

You may wish to check out the AZ law ... it may offer immunity to E-verify
 

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