Database checks: A Lawsuit Waiting to Happen
This article underscores the importance of hiring a background screening company that will conduct the proper due diligence when executing their searches. In this case, the hiring company, H&M Distributing Co. utilized a service that ran a database check for their criminal records. In this case, the records of another individual were added to the report and the applicant was not hired, and is now suing for damages.
A Madison man who was denied a job by a local beer distributor after another man’s criminal convictions were erroneously included on his background check has filed suit in federal court against the consumer reporting firm and the distributor.
According to the lawsuits:
H&M Distributing Co. offered Troy Richard Burnette a sales job in June 2006 pending successful completion of a background check. LexisNexis Risk & Information Analytics Group, Inc. conducted Burnette’s background check, but incorrectly included criminal convictions for Troy Thomas, Troy R. Thomas and Thomas Howard Richard, IV.
H&M’s representative told Burnette on June 7, 2006 that his job offer had been withdrawn because of the results of his criminal background check. Burnette contended, to no avail, that the report was inaccurate.
Burnette contacted LexisNexis, which revised and updated its report by June 27, 2006. Burnette took it to H&M, which at that point had no job openings.
