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-   -   Background Check and Statute of Limitations (https://www.askmehelpdesk.com/showthread.php?t=184996)

  • Feb 17, 2008, 11:19 AM
    pdion12
    Background Check and Statute of Limitations
    What is the statute of limitations, for background checks and work history reports are there any? I live in Michigan

    I have been threatened that I would never be able to work again, and sabotaged by a few former managers of a major hair chain, I haven't been able to find employment in 10 years, how long can this go on? What are the statute of limitations in this case? I do not have a criminal history, I believe this is coming from work history reports, coming up during conducting a background check.

    Sincerely
  • Feb 17, 2008, 11:32 AM
    ScottGem
    The phrase statute of limitation refers to statues (laws) that specify the length of time that someone can pursue a legal remedy for a situation. For example, how long before a prosecutor must file criminal charges or how long a creditor has to file suit to obtain a judgement against a debtor.

    Some areas do have laws on how long negative information can remain on a credit or background report. But that doesn't apply to references. In other words. If a former employer is contacted about your work history, there is no limit on when they can stop reporting factual information.

    I think you need to do some more research on what a backround check will show for you, then proceed from there.
  • Feb 17, 2008, 12:31 PM
    pdion12
    Thank you for your reply, Whenever I went to interviews and give consent to do background checks, something is causing these people to have an extreme unappealing perception of me, as if I had committed some kind of heinous crime. (I have no criminal record) I have exhausted all my efforts into finding out what is in my background check, and can't get any company that conducted the background check to give it to me .I know it is my right to know what is in the background check, I have wrote to FCRA, I have tried everything there is to try, and can't seem to find out. Do you have any suggestions?
  • Feb 17, 2008, 02:44 PM
    pdion12
    Thank you for your reply, Whenever I went to interviews and give consent to do background checks, something is causing these people to have an extremely unappealing perception of me, as if I had committed some kind of heinous crime. (I have no criminal record) I have exhausted all my efforts into finding out what is in my background check, and can't get any company that conducted the background check to give it to me .I know it is my right to know what is in the background check, I have wrote to FCRA, I have tried everything there is to try, and can't seem to find out. Do you have any suggestions?
  • Feb 17, 2008, 05:51 PM
    Fr_Chuck
    Background reports can come from several places.

    1. credit reports
    2. DMV ( driving records)
    3. crminal record reports
    4. prior work history.

    So if you did a poor job, had some company you used to work for that did not like you, they can give you a bad reference.
    So if these other managers are saying things about you that are UNTRUE, and this is the reason you are not getting the job, you can sue them.
    If they are saying things that are true, there is nothing you can do about it.

    One method is to have some friend who has a business to send off for reference checks from all of the places you are putting on your application.

    Also if you are a licensed hair professoinal, are there any official complaints on your state records with the licensing board.

    Also there could be someone with a similar name who is a felon that you are being confused with. It ahppens.
    I got served with papers for child support last year, (laugh laugh) it was someone with a simulr name, guess the court and servers did not check full name, or correct spelling
  • Feb 18, 2008, 12:06 PM
    pdion12
    Thank you for your advice, I have contacted an attorney he said it is too late to sue, it has to be within 60 to 90 days after the incident or threat. My husband asked a friend who has a friend that has a business to do a background check for me he said he only did it for his employees and he didn't want to risk getting into trouble, I forgot to tell him I would sign a waiver granting permission to do so.

    I do not want to work in the cosmetology profession any more, that environment seems to take on a culture all its own, and I don't want any part of it.

    Thank you.

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