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Background Checks

An erroneous background check can ruin
your job prospects. We can help.

Employment Law

Know your rights in the workplace. Speak
to one of our attorneys about employment
law in California.

State rules on background checks

Every state has different laws about
background checks. Know the law and
stay protected.

California Employment & Background Check Attorney Fights Abuses

Know your rights when employers take adverse action

If you’ve lost a job or promotion because of a background check, you might feel stuck, without any legal remedy. But you could be eligible for compensation if the employer or the background check agency violated state or federal law. For more than 20 years, employment attorneys at the law offices of John L. Fallat have helped victims of false or illegal background checks. This is a unique, constantly evolving area of the law, so you can’t trust your case to just any employment law attorney. Come to the law offices of John L. Fallat, where you’ll find lawyers who are:

  • Compassionate — We understand you may be confused, angry and frustrated, because you need to work for yourself and your family. We’re eager to provide the help you need.
  • Thorough  Finding a legal violation in how a company conducted a background check requires meticulous review of documents and extensive legal research. We’re committed to delivering results for our clients.
  • Staunch advocates — Our firm is passionate about upholding privacy rights in an age of cyber intrusion. We fight hard for you personally and to maintain basic freedoms for the good of society.

Who’s checking the background checkers? Rely on John L. Fallat

Employers have excellent reasons for wanting background checks on prospective employees. A bad hire can expose a company to security risks and crushing liability. But unchecked intrusion into an applicant’s private life violates every tenet of a free society. For these reasons, the U.S. and California governments have imposed reasonable limitations on the scope of background checks. Unfortunately, not every employer or background check agency plays by the rules. Nor do they always produce accurate information. They often use illegal forms that violate your rights and lead to the applicants not getting hired and current employees fired. We can review these forms at no charge to you to make sure they are not breaking the law.

When an employer takes adverse action, such as refusing to hire or promote an applicant, because of an erroneous or illegal background check, the applicant may have a claim for actual damages or $10,000 (whichever is greater) plus costs and attorney fees under California law. In some cases, courts even award punitive damages. John L. Fallat has extensive experience in this emerging area of employment law. Our firm knows what to do to safeguard your rights and win compensation for the harm you’ve suffered.

Striking back against an employer’s illegal use of social media

Social media is an area where a company’s desire to control its brand image can conflict with a worker’s right to discuss work conditions freely without fear of retribution. The National Labor Relations Board has found that companies who discipline workers for disrespectful posts on social media may be infringing on activity that is expressly protected by the National Labor Relations Act. If you’ve been the victim of an employer’s illegal use of social media, John L. Fallat can help you fight back.

Contact an employment law firm with thorough knowledge of background check law

If you’ve been the victim of a bad background check, see the law offices of John L. Fallat for a free review of your case. If the facts warrant legal action, the fee-shifting provisions in California law allow us to proceed without any initial cost to you. We serve clients throughout California from our main office in San Rafael. Contact us today at (415) 457-3773 or contact us online to schedule an appointment. You can fax a copy of an erroneous background check to 415-457-2667. Please redact the first five digits of your social security number, date of birth or driver’s license number if you do.

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Don't be a victim. Know your rights.