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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5041
Experience:  Extensive experience representing employees and management
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I placed a restraining order on my daughter last summer because

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I placed a restraining order on my daughter last summer because due to horrible attitude. threats, etc.... She is now interviewing for jobs, Hewlett packard, Oakley, Dick sporting goods and is being turned down for every job. She has great grades and is a good candidate for these jobs. Could it be that they are somehow able to see a restraining order when they check her background? RO is a civil thing In addition, I paid to get a background check printed and she came up clean. Will corporations check on this type of thing before hiring?

Submitted: 11 months ago.
Category: California Employment Law
Expert:  barristerinky replied 11 months ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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Could it be that they are somehow able to see a restraining order when they check her background? RO is a civil thing In addition, I paid to get a background check printed and she came up clean. Will corporations check on this type of thing before hiring?
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While there is no way to definitively say why she is not being hired, I can assure you that this is showing up on her civil record as it is a civil matter. The employers may very well be running a civil as well as a criminal check because they often want to see if the person has a lot of debt and has been sued for repayment as that can indicate that they may not be able to handle money. This is a negative indicator for jobs that involve taking customer's money.
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There is no way to know for sure, but I think you are likely right that they are seeing this and it is making her a less desireable potential employee. From an employer's viewpoint, would they rather have someone with a restraining order that could indicate some type of behavior problem or someone without one? But there may also be a glut of potential applicants due to the high unemployment numbers.
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Thanks
Barrister
Expert:  Joseph replied 11 months ago.
Hello, California Employment Law expert here with some additional information.

I have a bit more to add and clarify from my colleague's statement above.

Restraining orders will typically not show up in a criminal record background search, since those only check for arrests and convictions. So only if there were a conviction for a violation of a restraining order would that information appear.

Second, a consumer credit report would rarely include information about civil cases either. It will state information about the person's credit history, not whether he or she has a restraining order against him or her. That isn't the type of thing listed on a credit report.

So, in the vast majority of situations, the restraining order will not come up when a corporation is conducting a background check (as it didn't when you paid for your own background check on your daughter).

It would only show up if they conduct or pay for a record regarding civil cases that your daughter may be involved in, which is rare, especially for a sporting goods store.

All that said, you definitely want to have the restraining order removed if it is still in effect to ensure it is not interfering with your daughter being hired, as well as potentially having criminal implications for her if she were to inadvertently violate it.


I hope the above information is helpful.

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Thanks and best of luck!

-Joseph
Joseph, Lawyer
Satisfied Customers: 5041
Experience: Extensive experience representing employees and management
Joseph and 2 other California Employment Law Specialists are ready to help you
Customer: replied 11 months ago.

Thanks so much. I appreciate your help. In thinking about this more... I would also think that a company would not do a background check just from receiving a resume. I would think they would only go to the expense of doing this after having met and interviewed the candidate, don't you think?? I also read that a candidate must sign a consent before a company does a bc. Is this true?

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