Legal Question in Employment Law in California

Background Checks

My boyfriend just started working a great job. He told the owner of his 15 year old record and was hired still. One of my boyfriends employee's went behind his back and did a background search anyway with one of her friends at the sheriff's department. A sales rep called my boyfriend to ask him about it and said everyone knows now. Was it legal for her to do this, even though it wasn't requested by the owner?


Asked on 8/06/08, 1:30 am

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Background Checks

It's probably a public record. But the sheriff's department employee could be in big trouble for accessing records for personal reasons.

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Answered on 8/06/08, 3:14 pm
Terry A. Nelson Nelson & Lawless

Re: Background Checks

If he can prove what he alleges, then he has a claim for invasion of privacy and violation of state and federal laws. Proof will be tough to come up with, but do-able. Have him contact me if serious about pursuing this.

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Answered on 8/06/08, 3:14 pm


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