A CRIMINAL RECORD DOES NOT MEAN YOUR EMPLOYER CANNOT HIRE YOU
Do you have a criminal record? Have you been fired because of the felonies or misdemeanors on your criminal record? If so, you might have a cause of action against your employer. While an employer may be held liable for the negligent hiring of a certain type of convicted felon for the injuries caused by that worker if the employer should not have hired the person in light of his dangerous propensities, the law limits what kinds of background checks on employer can use.
Depending on the job, additional investigations into the potential employee’s background might be appropriate, including a criminal check, drug screening or credit report. If you believe your employer has crossed the line and invaded your lawfully protected rights as an employee in California, an experienced employment lawyer might be able to help you. Some employers are legally required to conduct background checks for certain jobs and many others do so to as a safe guard. Under the FRCA, you must sign a release allowing your employer, or potential employer, to perform a background check.
The typical employment background check examines:
- School records
- Credit reports
- Driving records
- Bankruptcies
- Criminal records
- Workers' compensation records
- Military service records
If you live and/or work in CA and your employer has performed an illegal or without consent background check on you, call the knowledgeable employment lawyers at Greenberg & Rudman LLP. We are here to help you. Call 1-800-ALAWPRO (1-800-252-9776) now for a free consultation regarding your legal rights.
