Legal Question in Employment Law in California

Is it my right to refuse a backgrounds check after i have already provided one, and i am already done with my probationary period?

Asked on 4/26/11, 3:02 pm

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

You can certainly refuse to cooperate with an employer's request for additional information regarding your background, if that is important to you. But, assuming you are an "at-will" employee, as most people are, the employer has the right to discontinue the employment relationship because of it.

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Answered on 4/26/11, 3:15 pm
Terry A. Nelson Nelson & Lawless

Sure, and it is the employer's right to terminate you. Not only are there no laws against 'unfair treatment' or poor management, but 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. The employee's goal should be to keep the employer happy and make the company money. That’s how they pay your wages.

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Answered on 4/26/11, 3:31 pm

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