USE OF CRIMINAL RECORDS

Settled a case where an employee was allowed to start work during the pandemic, subject to passing his background check which was delayed because the pandemic had caused delays in getting court records. The Company terminated the employee once it received the background report weeks after the employee had started working. The Company failed to comply with the pre-adverse action notice provisions of California’s Fair Chance Act. The Plaintiff had turned down other employment offers to work for defendant and those other jobs were filled by the time Plaintiff was notified of his termination.