Lake Elsinore, CA asked in Employment Discrimination and Employment Law for California

Q: How to proceed after no contact from potential employer following disclosure of past felony conviction.

I was sent via email a conditional offer of employment and start date along with documents to complete for authorization of a background check. I replied to the email attaching the completed forms but also preemptively included in the body of the email, without going into too much detail, a two paragraph explanation about a felony conviction that I've had in the past. The employer never responded to that email. It has been 18 days and I have not since had any contact with or recieved any mailed documents from the employer. I also have not recieved a copy of the background check results as requested. Would it be a good idea to contact them? Have they violated the law by not providing me with a letter of their decision? With the possibility that a background check was never ran after my letter of explanation of the conviction, I'm just hoping for advice on what steps I should take to move forward. Thank you.

1 Lawyer Answer
Neil Pedersen
Neil Pedersen
Answered
  • Employment Law Lawyer
  • Westminster, CA
  • Licensed in California

A: If the employer determines to rescind its offer of employment following its learning about the prior conviction there are specific things the employer must do. Your response to those things are also specifically proscribed in the Fair Chance Act law. See here for more details about that process: https://www.dfeh.ca.gov/resources/frequently-asked-questions/criminalhistoryinfoinemploymentfaqs/

While you are entitled to wait for the proper notification, it would not be a bad idea to make a call. It may be that the holidays are getting in the way of processing your on-boarding.

Good luck to you.

1 user found this answer helpful

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