California Employment Law
California Employment Law Questions Answered by Legal Experts
Did you get my response? There was no verification on my end.
In 2001 I was pleaded guilty to Elder Abuse & Dissuading a witness. I received probation. My charges were reduced in 2005 and in 2007 I had the record expunged.
That same year I went to work as a temporary employee through Wolberg/Michelson for the Bay Area Rapid Transit (BART). I went through a background check through BART prior to starting work.
I passed the background check and worked for them through March of 2009, when they offered me a position as a contractor.I worked as a contractor until March 2013.
At the beginning of 2013 they decided to make my position permanent, and put the position up for bidding. I went through the process and was selected as the best candidate.
I went through the entire process and was offered the position pending a background check. On May 3, I was contacted I did not pass and they would be rescinding their offer.
Federal law specifically prohibits discrimination, based upon the Ethnicity, Color, Religion, National Origin, Age, Sex or Disability of an individual, with regard to hiring, promotion and firing.
After you file the complaint, your employer will be prohibited from any retaliatory action against you. The EEOC will investigate your claim, and 180 days after the filing of the complaint you may ask for a "right to sue letter". The EEOC will issue you the letter which gives you the right to institute a private civil action against your employer and seek monetary damages.
Here is an interesting article on the relationship between some background checks and discrimination:
I wish you the best in 2013.I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.You may reply back to me using the Reply to Expert link if you have additional questions.Kindly take a moment to rate my service to you based on the understanding of the law I provided. Please understand that I have no control over the how the law impacts your particular situation.Thank you,Doug
It sounds like I have very little, if any, recourse in this situation, so I have a couple of extra questions in order to help me move forward.
Thank you again for your promt response.
Can you elaborate on my second question a little more. Would it benefit to have my record sealed?
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