Legal Question in Employment Law in California

Made to take background check, failed, layed off.

I worked for a company for a year and a half. One day I (all employees)was asked to have a background check done. I was led to believe it was for a hospital we were working at at the time. I still refused for a month, untill I was told the company needed the flexability of either having me there or not. If I wouldn't give them that flexability then they would no longer be able to use my services. I signed the paper authorizing them to do the check and failed as I knew I would. I was layed off the next week.


Asked on 8/08/02, 8:35 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Made to take background check, failed, layed off.

Let's see if I got this straight. Your employer contracts with the hospital to provide services, which is your job. The hospital says to your employer that it requires people working at their location to have background checks done for security measures. Something in your background disqualifies you from performing the job at the hospital, therefore the employer can't use you.

Is this the scenario? If so, it is perfectly legal for the employer to do this to meet the needs of the customer.

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Answered on 8/09/02, 1:18 am


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