Legal Question in Employment Law in California

Background checks for employees

I have worked for my company for over 3 years, no problems, good employee. Recently I left my boyfriend well he has been calling and emailing the corporate office of where I work, telling them I am a thief, drug addict, anything he can come up with. The calls and emails got so outragiious they were able to see that he was not all there. Last night while at work one of the corporate bosses came to see me, she wanted me to sign a paper allowing them to do a background check, I did tell her that years ago I had been arrested for embezzlement, i asked how this would affect me, she told me I could be terminated for that. I told her I would have to think it over before I signed it, I have until today to sign, is this legal? The form says, PREEMPLOYMENT SCREENING, I have been there 3 years, if I sign I with out a doubt will be fired due to the embezzlement charges, what if I don't sign can they fire me for not signing?


Asked on 8/19/08, 9:25 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Background checks for employees

You're an 'at will' employee and can be fired anytime for any reason. It may be bad faith of them to demand signature on a 'preemployment' form, but that doesn't increase the value of your 'case' if you're fired. Your problem is that if you lied on your application about the conviction, that is grounds for termination whenever discovered. However, if you weren't convicted, only arrested, then there is no conviction to have disclosed. If you are fired, feel free to contact me to discuss whether there is anything you can do about it.

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Answered on 8/22/08, 2:14 pm


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