Performing background checks on prospective employees is standard practice for California businesses. While employers are free to carry out a background check, they are limited by both state and federal law in how they use the information that a check uncovers. Furthermore, there are specific steps that must be followed to ensure that a background check complies with the law. If an employer improperly or illegally uses certain information to deny you employment, you may be entitled to financial damages.
At The Law Offices of Scott A. Miller, APC, our attorneys are committed to protecting the interests of workers. To learn more about how we may be able to help you, call 800-417-2008.
Protection From Past Mistakes
Not long ago, any criminal conviction or even an arrest record, no matter how old or how minor the crime, would have made it difficult to find employment in California. Recent changes to the law are designed to help people overcome past transgressions in their lives. Employers are prohibited from using arrest records to make a hiring decision. Employers are also prohibited from considering certain convictions that occurred years ago when considering a prospective employee.
All too often, businesses create a system for carrying out background checks, then fail to revisit their system to ensure that it is up-to-date with all current laws. If an employer is using an outdated system to make hiring decisions, affected employees may be able to seek financial recovery. If the abuse is widespread, we can explore your options for filing a class action claim.
Contact Our Lawyers For Help With Employment Issues
We represent clients in Bakersfield, El Centro, Fresno, Long Beach, Los Angeles, Oakland, Redding, Sacramento, Salinas, San Bernardino, Oakland, San Diego, San Francisco, San Jose, Santa Ana, Santa Barbara, Santa Rosa, Stockton, Van Nuys and throughout California.