Legal Question in Employment Law in California

Re: Backround checks

This is a very good question, however, the answer is not clear as it is based on the type of job you do (the industry, is it in the government, is it a health and safety job) as well as did you sign a waiver granting the employer the right to conduct ongoing background checks. Most employees sign a background check waiver only for the limited purupose of hiring. However, there are some agreements which allow ongoing screening. This can be found in the agreement, the employment application, and even an employee handbook. I would check these documents first before doing anything else.

If you have not waived your rights in an ongoing fashion and you do not have a job which requires an ongoing check of your conduct, then you may have a claim for a violation of your right to privacy under the California Constitution, statutue, and common law. Depending on what was learned, how it was obtained and if it has been shared, of course.

Should this be the case, I suggest you contact an attorney in your area or our office. I wish you the best of luck.

Sincerely, Beth Mora

Re: Backround checks

Depends. You may have waived consent in various applications. It may be in their posted policies, etc. It may be a job requiring regular checks be done. First find out what they give as grounds for doing it, ask them, then talk to an attorney. Feel free to contact me if their response is not satisfactory.