Legal Question in Employment Law in California

I just started a business, finished backround checks on employees of a seven year check. I followed the consumer reporting agencies act(1786.18) of the civil code, but the megans law website fails to include dates of a convictions. I fired a employee for a sex conviction without knowing if the conviction was in the seven year check, well it was not his conviction was in 1982. I was just notified i did not follow civil code (1786.18) and i am being sued for negligent. Can i be sued? help


Asked on 3/05/12, 10:36 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Sued for "negligent" what ??

Civil Code Section 1786.18 regulates "consumer reporting agencies". Unless that is your business, and you were reporting his background to employers, it doesn't apply to you, and there is no 'seven year' rule applicable to you.

Your starting point for discussion is: In general unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice. There is no 'discrimination' statute that protects ex-cons or registered sex offenders from being fired or refused employment. In fact, in some occupations they are legally forbidden from employment.

Thus, it sounds like you have clear defenses that could get the case thrown out. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.

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Answered on 3/06/12, 6:22 pm


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