Background Check Came Back With Someone Else's Dui After I Already Resigned. Company Has Gone Silent For 4 Days. Do I Have Options?
Location: Columbus, Ohio. I accepted a written offer for a senior operations role three weeks ago and resigned from my current position the following day. Yesterday HR sent an email saying my background check returned "a concern" and that my start date was being pushed until further notice. When I asked for specifics they told me there is a DUI conviction on record from 2019 linked to my name. I have never had a DUI. My record is clean except for a minor speeding ticket in 2018 that was dismissed at court. Within two hours of their email I pulled my full official driving abstract from the Ohio BMV portal and there is absolutely nothing on it. I emailed it to HR the same day with a written request asking them to name the screening vendor and explain exactly what data points were used to match that record to me. That was four days ago and I have not recieved a single response. I did some research and based on what I can find, background screening companies are required under the FCRA to use reasonable procedures to ensure accuracy, and if a false match caused material harm to a consumer there may be grounds for a dispute or claim directly against the vendor. My situation involves real material harm because I am now unemployed. I resigned in good faith based on a signed offer letter. I have that letter, my resignation email, the HR email flagging the check, my clean BMV abstract, and a timestamped record of my unanswered follow up. My specific questions are: does the company have any liability for effectively revoking a conditional offer using provably inaccurate data, do I have a seperate claim against the screening vendor under FCRA, and at what point should I stop waiting for HR to respond and contact an employment attorney directly. The hiring manager told me privately he thinks it will get resolved but that it is out of his hands for now, which is not very reasuring when my rent is due in eleven days.
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