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Civil Litigation,
Labor/Employment

Jun. 6, 2019

Background checks in employment decisions continues to raise complicated legal issues

Background checks may take a variety of forms, but common examples include criminal records checks, litigation history, and driving records. California employers who use background checks in making personnel decisions about employees and job applicants are expected to navigate a veritable minefield of strict legal requirements at all stages of the hiring process.

Sean M.R. Bothamley

Hopkins & Carley

Phone: 408-286-9800

Email: sbothamley@hopkinscarley.com

Sean works in the firm's Employment & Labor Practice group. He has experience representing clients in federal and California courts, in arbitrations, and before various agencies covering a range of disputes, including wrongful termination, discrimination, harassment and retaliation, whistleblower rights, wage and hour and misclassification claims, and misappropriation of trade secrets.

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Shirley Jackson

Associate
Hopkins & Carley

Email: sjackson@hopkinscarley.com

Shirley is based in the firm's San Jose office. Her practice primarily focuses on litigating employment-related disputes and representing employers in state and federal court regarding claims of discrimination, harassment, wrongful termination, retaliation, breach of contract, unfair competition, and class action and single plaintiff wage and hour claims.

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Background checks may take a variety of forms, but common examples include criminal records checks, litigation history, and driving records. California employers who use background checks in making personnel decisions about employees and job applicants are expected to navigate a veritable minefield of strict legal requirements at all stages of the hiring process. These include the federal Fair Credit Reporting Act (FCRA), the California Investigative Consumer Reportin...

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