Legal Question in Employment Law in California
I was employed at my previous employer for 2 years and 11 months. My employer ran a background check on me, the reasoning was none of the employees had a background check when hired. As a result of the background findings I was laid off, although my separation letter does not state that. The separation letter states because of downsizing and reorganization my position was eliminated. Do I have any recourse for this decision? Does Scienter apply here?
2 Answers from Attorneys
Without knowing why you were terminated, it is impossible to say whether you have a case. Most employees are presumed to be terminable "at will", which means no reason is necessary, much less an unfair one.
You would have to be able to prove in court that the real reason for your termination is one that is prohibited by law. That has not been addressed in your question. Assuming there is something in your background the employer did not like, would not be grounds for a wrongful termination case. The reason must violate a state of federal statute.
If you think there is such a reason behind this, consult with an experienced employment law attorney in your area.
In general, unless you are civil service, in a union or have a written employment contract, you are an 'at will' employee that can be disciplined or fired any time for any reason, other than illegal discrimination under the Civil Rights, or Whistle-blower, or similar statutes. Your goal should be to keep your employer happy with you.
The Labor Code bars employers [not others] from asking about arrests without conviction, or seeking that info from other sources, or using that info to deny employment. If you could prove they found only an arrest, without conviction, would you have any grounds for a claim. If so, feel free to contact me.