California’s legislature has taken significant steps to make sure employers are hiring based on merit and not based on prior errors in judgment. To that end, in January 2018, the government enacted laws related to background checks in California such as the “ban-the-box” law which made the previously common practice of public and private employers asking about a candidate’s criminal history at the beginning of the application process illegal.
Now, if an employer violates the above, you have rights. Indeed, those attorneys experienced in these and other California Background Check Laws can advise you on the feasibility of commencing an action against an employer who wrongly asked about your criminal background prior to being given a conditional offer of employment.
California is one of the few states that goes so far as to prevent a potential employer from ever looking into (a) arrest records, (b) diversion programs, (c) sealed records, (d) certain marijuana offenses, or (e) juvenile records. Likewise, prospective employers are required to comply with anti-discrimination laws and the federal Fair Credit Reporting Act.
While these are some important highlights, there are many more rules on the books for your protection, which is why it is so important to retain attorneys familiar with background check laws.
How to Select An Employment Law Attorney
So how do you find a good attorney?
There are so many sources available to you. The best is personal referrals, so you have a leg up on the ins and outs of how these attorneys will practice. However, there are also (a) online services, (b) lawyer directories, (c) business referrals, (d) lawyer referral services, (e) local chambers of commerce, (f) non-profit groups that relate to your legal issue, (g) law librarians, and (h) support groups are all adequate sources.
More specific to this area, lawyers with expertise in employment law will have (a) knowledge of the law, including having taken continuing legal education classes so they will be current with the laws relevant to your matter; (b) knowledge of relevant information, such as what constitutes an improper background check; (c) experience—it is not only the age of the attorney but the actual experience handling the specific type of matter you need help with; (d) honesty—this is where lawyers often get a bad name; (e) commitment to your case; (f) respect in the field; (g) trial and negotiation skills.
If you feel that your rights were violated, it is important to hire attorneys consistently practicing—and succeeding—in cases involving background checks.
James Dean is a content handler and blogger who loves to write as freelancer for their readers and followers. Dean has a fantastic ability to make the most complex subject matter easy to understand.