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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 35335
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I am currently on FMLA. I will be having a potential new

Customer Question

I am currently on FMLA. I will be having a potential new employer doing an employment background check on me. I noticed that on my current employers website for employment verification, it states my status as "on leave". Will the background check reflect that? I do not want my new perspective employer to know that information. I just want them to know I am still employed with my current employer.
Submitted: 11 months ago.
Category: California Employment Law
Expert:  LawTalk replied 11 months ago.

Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

Your background check will merely show your criminal history, if you have any, and your financial history if you gave permission and the prospective employer looks for a credit history.

Your leave status will not be disclosed other than perhaps by your employer directly. However, under federal law, it is illegal for any employer to discriminate based on an employee who takes leave under the FMLA, so you really don't have much to be concerned about in this respect.

If you believe that your present employer might disclose your FMLA status if the new employer calls, then ask HR in your existing company not to disclose your status because of the risk of discrimination. There really is no valid reason for your present employer to disclose that information anyway---and it is unlikely that they would do so voluntarily. Most employers simply provide dates of employment and whether you are eligible for re-hire if you are no longer an employee.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in the coming New Year,

Doug

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in the coming New Year,

Doug

Expert:  LawTalk replied 11 months ago.

Good afternoon,

Are you saying that he is getting MediCal---which is MediCaid in CA?

Expert:  LawTalk replied 11 months ago.

Please ignore the last post. It was intended for another customer.

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