A California employer typically runs a background check on a new hire. The purpose of this check is meant to ensure that the individual in question has no past issues that might pose a risk to the company and those working for it.
As a skilled California employment law firm, Blackstone Law has worked with countless individuals who have been hampered by overbroad background checks by a new or potential employer. We may be able to help protect your rights and your privacy if you are concerned about your past in association with a background check.
How Far Can a California Employer Go When Checking Your Background?
California employment laws allow employers to delve seven years into your criminal background. This means that any criminal activity that is more than seven years old should not show up on a criminal background check conducted by an employer. If the background check also incorporates other components, such as a credit check, past jobs, and the likes, the limits may differ depending on the information being sought.
Criminal background checks are also limited in the information they can include. For instance, California law does not allow the inclusion of any arrest that did not lead to a conviction, participation in any pre-or post-trial diversion, juvenile or sealed records, and any non-felony marijuana conviction that is more than two years old.
What Should You Do if an Employer Has Denied You a Job Due to Your Background Check Results?
If an employer has openly denied you employment based on the findings of a background check, there are specific steps they are required to take. This includes notifying you about the findings and determining if the extent of any adverse results truly affects your ability to do the work in question. These individualized assessments must also analyze the time that has passed since the offense and the severity and nature. If an employer opts not to move forward with a candidate based on the background check, they must notify him or her in writing. They must say why the decision was made and provide a copy of the record they used in making the decision. This provides you with the opportunity to rebut the accuracy of the information or offer evidence that lessens the impact of the conviction.
If an employer does not follow these steps or skips any component of them, you may have cause to file a claim. These laws have been put in place to protect the rights of California workers. As such, a California employment lawyer may be able to help you make sense of the situation and go over any legal options you may have.
Work With a California Employment Lawyer on Background Check Issues
If a background check has cost you an opportunity, the best course of action is to reach out to a reputable California employment lawyer immediately. This is especially important if you discover that a potential employer has overreached during a background check. Working with an attorney can also ensure that you have the support you need to navigate the background check process when seeking employment. Blackstone Law has extensive experience in this practice area and may be able to assist you with your legal needs on background check issues pertaining to employment.