Legal Question in Employment Law in California
I am having a difficult time locating employment in my usual field: Retail. I was terminated from my last job for being short on a register. I do not know if my past employer is bringing up this termination to people conducting background checks on me and if it's legal. Also, I believe my credit score is low. What can I do with this scenario I am going through. I have applied to various stores hiring and with my extensive experience I should get hire in at least 1 store I've applied. However, once they conduct my background check I don't hear back from any of them. Any advice please?
1 Answer from Attorneys
Since you do not know why you are being turned down for the jobs you are applying for, it is difficult to respond to your question. Naturally, employers can conduct a background check and if they are not satisfied with the information received, they do not have to hire an applicant. Employers have the right to hire whoever they desire, as long as their decision is not based on some unlawful reason, such as age, race, national origin, gender, handicap, etc. If they choose not to hire you because you were fired from your last job or because of your credit score, there is no law that says they cannot consider those factors.
You can ask your former employer to not inform prospective employers about your being terminated, but if you use them as a reference, they can tell the prospective employer the truth. If you know this is going to be revealed, you probably should inform any prospective employer what you expect they will hear and provide your version of what happened first. Some may appreciate the honesty. With others, it won't make a difference. All you can do is keep plugging along until you find someone who will give you a chance.
Good luck.