Tsang, a plaintiff, sued the operator of the Esteem criminal background database-LexisNexis and First Advantage-alleging that they gave prohibited information to potential employers, which ultimately barred him from getting a job. Tsang v. LexisNexis Risk Solutions, Inc. , No. CV-14-0493 (N.D. Cal. Jan. 31, 2014). Tsang explains in his complaint that his former employer investigated and ultimately terminated him for refund fraud after he admitted guilt. He claims, however, that he was coerced into signing an admission statement, and he was never formally convicted of the crime. Nevertheless, his forced admission made its way into the Esteem database and was ultimately reported to prospective employers.
Tsang claims that, because he was never convicted of a crime, the Esteem database should not have included any information related to the refund fraud-despite his admission of guilt.