Legal Question in Employment Law in California

Pre-Employment Background Check

Can I be terminated for what was supposed to be a PRE-EMPLOYMENT background check? I plead to a theft charge two years ago to avoid a more serious charge stemming from an incident with a former girlfriend that I won't go into. I have been working for the company for a week and no mention was given to me on Friday when I left. Saturday I received a letter telling me my application for employment was being denied due to the background check, yet I have been employed for a week as I said. As far as I know my supervisor expects me at work Monday. Do I have any recourse if they send me packing?

Any help would be greatly appreciated!


Asked on 5/21/00, 6:04 pm

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Pre-Employment Background Check

Unless you lied about a question on your application they cannot now fire you after hiring you. Show up to work and ask to talk to the supervisor or whomever fired you. Get something in writing from them justifying their actions. Then file a claim for unemployment and wrongful discharge with the EEOC.

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Answered on 7/04/00, 6:56 pm


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