Issue with Background Checks (even though they had confirmed it's not me......)

[thodd]

Afternoon All,

first post so can you please go easy.

Old Manager at a previous ClientCo phones and has some work for me. Can I do it? Am I available? Yes and Yes
You need to go through our preferred agency. No worries, used them before. Worked for ClientCo before. Should be all sorted very quickly.

Fill in 20,000 forms sent by agency. All good. Agency issue contract. Contract checked and accepted. Start date of the 11th May

Agency says can't go on site until all checks are back and good. Here's where it all goes wrong.

One of the checks has flagged my name. Not ME, but someone with my name who lives in the USA (Checked this with the firm that actually did the checks - not Agency).

This risk now has to be signed off by the Risk Director and ClientCo and could take 3-4 weeks.

In the meantime 2 other opportunities have presented themselves. Nothing finalised yet, but I have a feeling they will be more likely to happen before the original.

If they can sort out the original contract by the end of the week I'm happy. If not I don;t really want to spend 3-4 waiting for an answer that will most probably be yes.

Oh and old Manager has mentioned he's started looking for someone else as this is taking to long.

Comments? Advice?

Cheers.

[northernladuk]

Don't burn any bridges. Follow up every lead you have right up to contract signing date and chose when you have something definate on the table.

Have a word with the old manager to agree that you are not bound by the current contract. If he agrees get him to pass this on to the agency. This means you are free to take another gig if it presents itself without the agency throwing up a tulip storm.

Carry on as if this contract doesn't exist and just take the first one coming. Who is to say the 3-4 weeks turns in to 5-6 or the old client manager finds someone in 3-4 days. As far as I would be concerned this is a very cold iron in your fire and continue in to the other opportunities as normal. Get an offer and THEN re-think your situation.

[TFour]

Hi, it sounds like there are two associated risks to the first opportunity:
1) The risk assessment/approval takes full 3-4 weeks or longer
2) And in the meantime clientco manager mitigates this by finding someone else.

If you have an immediate alternative, I'd talk about the situation with clientco manager, agree a joint position that the risk approval process is outside both of your control and therefore maybe this time it's not a goer.

BUT...what I don't understand is if the check is simply a case of mistaken identity, why does it take 3-4 weeks for someone to approve a non-existent risk rather than just correct the check? Why can't the checking agency confirm its data is invalid?

[Advocate]

You're not contracted to anyone until your first invoice is paid if you ask me...

[thodd]

Hi, it sounds like there are two associated risks to the first opportunity:
1) The risk assessment/approval takes full 3-4 weeks or longer
2) And in the meantime clientco manager mitigates this by finding someone else.

If you have an immediate alternative, I'd talk about the situation with clientco manager, agree a joint position that the risk approval process is outside both of your control and therefore maybe this time it's not a goer.

BUT...what I don't understand is if the check is simply a case of mistaken identity, why does it take 3-4 weeks for someone to approve a non-existent risk rather than just correct the check? Why can't the checking agency confirm its data is invalid?

That makes 2 of us! I spoke direct to the lady who ran all the checks and she confirmed it only flagged up someone with my name in the USA. Nothing else.

I have been told (by the agency) that it is standard procedure to get any risks flagged by these checks signed off by someone high-up in ClientCo and because my name (not ME I keep telling them) appeared on some "watch list" it now has to be signed off by a director.

Apparently having worked for ClientCo before and my old Manager vouching for me (as he wanted me on site last week) means nothing. They (agency/clientCo) HAVE to follow procedure.

2 interviews lined up for thursday and Friday. Going to have a quite word with old Manager tomorrow.

[NickFitz]

Disclaimer: I am not a lawyer, so I may be wrong, but...

For the agency to continue to suggest that you are somehow a risk when they are aware that the supposed circumstances leading to you being regarded as a risk are due to mistaken identity sounds like defamation to me. If they have communicated this information to others (such as the end client) in the knowledge that it is not relevant, or have suggested to the client that there are doubts about you, that could constitute libel.

Given that they know that the red card relates to another person, you might also be able to argue a legal claim for damage to your business if you lose the potential contract as a result of their delays based on information known to be incorrect.

You may want to seek the advice of a solicitor, making sure they appreciate the separate issues relating to you personally (defamation of character) and to your business (loss of a potential contract due to their negligence) - if nothing else, a strongly-worded letter might get them to pull their finger out.

[dspsyssts]

Have to say I am interested in whatever the 'watch list' is...I mean someone in another country has your name and its preventing you from working?...lorks a lordy!

[thodd]

You couldn't make this up.

After all the PII I supplied the agency you would have thought they would be able to collate the relevant information, i.e. about ME, rather than just a blanket Google search of anyone with the same name as me.

[gingerjedi]

Have to say I am interested in whatever the 'watch list' is...I mean someone in another country has your name and its preventing you from working?...lorks a lordy!

I don't get this, if one John Smith committed a serious fraud/offence or whatever do all the other thousands have trouble proving their innocence?

[vetran]

Tell your parents they shouldn't have called you Osama.

Find some other contracts and apologise you would love to join them but they have spent weeks messing you about, start date of next Monday secures your services.