Published
I have been put into group one, which is a reporting agency that allows other healthcare facilitys to see why I was terminated. I was not given a chance to resign before termination. My question is, can I request to have it changed? Is this a type of discrimination? all this is making me want to get out of healthcare all together, seems like i will allways have a disadvantage being a guy and all.
I thought that giving out info about why someone was fired was illegal- or is that California only? I keep hearing that all they can say is if they would hire you back when a reference is called.
That's the issue. Actually, from my understanding, the employer, is typically obligated to release dates of employment but not reasons for departure, but that does not apply to a third party and that is how Group One gets around it. Group One is considered a "consumer reporting agency" not a credit reporting agency - another misconception. Typically, when you fill out an employment application in this area, there is a waiver for release of information for a "consumer report", most people think they are authorizing a simple credit report to be run, it is actually a background check. I don't know if such an organization exists in California, but I'm pretty sure most "at-will" states have such a thing. If you ever been asked to sign for a "consumer report", you probably do.
Look up the fair debt collection act....
then use it to dispute the information in your file. When you file a dispute, they have to remove the item for 30 days while verification is sought.
If the "debtor" (in this case the employer) cannot verify - then the item must be deleted. Permanantly.
If your former employer verifies the item, often a nice letter from an attorney will give them second thoughts about removing the information if the information is not well documented on their end.
Chances are if some time has passed, old supervisors have moved on, HR people have changed and verification will not be made, If it is verified and the item is disputable in a court of law, they won't risk going to court over it unless it is a biggie. IE you were caught using drugs on the job and their documentation includes a pee test.
You just have to follow the proper procedure - the same procedure you would use to get an inaccurate item off of your credit report.
Gauge14iv is exactly right. I used the FCRA to verify and force validation of the info on my Group One report.
Only ONE of the hospitals verified. Funny thing is, hospitals have a policy that will work in your favour. Most hospitals have an HR rule were they will not speak or correspond with anyone about your employment unless they have written permission from you, NOT EVEN GROUP ONE. They report the info to Group One, but the hospital will turn right around and not verify the GP1 info request without your consent. If you don't give the consent BAM you got them! Very neat little loophole.
The threat of a lawsuit because they reported incorrect info was another big help.
OK, well what about the issue of not even notifying me 2 years ago that public info was being reported against me. It isn't a matter of public record, I was not negligent to a patient or harmful. I ran out of my 6 weeks LOA and was notified by phone from my nurse manager that my position was being filled. 3 months after that my file says they fired me because I was working while on LOA. My LOA was only 6 weeks, I guess they had unknowingly gave me a 150 day leave and that justifies "firing " me. I talked with a HR lady and she says she can prove I abandoned my job and will dispute any dispute I attempt to make.
Dont talk to people on the phone - do it all in writing. Use form letters. Do not be tempted to add your own words. You can find these form letters in various web sites and books and software packages geared towards people who are trying to rebuild their credit. Don't call, don't use email, just send it all by snail mail and certified. The letter goes to the credit reporting agency - not the employer. DO NOT CALL THE EMPLOYER AND PUT THEM ON WARNING THAT YOU INTEND TO DISPUTE!
There is no way it should cost 2500 for an atty to write a letter - thats just gar'bage - call around! Tell them all you want them to do is write a letter. You don't want to retain them. If the letter doesn't work (it will) THEN you might be interested in retaining them.
You might also consider filing a complaint with the FTC -
I did not tell the HR lady I was going to dispute anything, I asked her what I could do and she said, "nothing really, you could dispute it but I will dispute yours and I have a certified letter you signed for as First Initial and Last name on 05/07/2004." I racked my brain on this!!!! Could I have been so careless to sign for something and not read it or lose it. So, I looked at back at a calendar. On that specific day, I was taking my final in nursing school at the campus with my fellow students, teachers, and my children were in daycare. Not only that, but my husband was doing some yard work for a Masonic Lodge that day..................NO ONE WAS HOME!!!!!!!!!!!!!!!! That God for check registeries!!!!!!!!!!!!! So, IF indeed there was a letter, I could have not signed for it nor received it. So, on this info alone................I would think I would have somewhat a little more of a leg to stand on. Because now on that date, I have numerous witnesses.
mydesygn
244 Posts
try this link:
https://www.diamondvoice.net/groupone/clientlist.asp
It is not a complete list, however, many fort worth facilities use them also and they are not listed.