If You Were Denied a Job or Fired Because of Your Criminal History, Give Us a Call

Whether your job offer was rescinded after a background check or you were passed over for a promotion because of an old conviction, Orange County Employment Law Firm is ready to help. We’re a boutique employment law firm based in Newport Beach that is dedicated to defending the rights of workers throughout California. The California Fair Chance Act protects applicants and employees from being unfairly judged on their criminal history, and many California employers are still violating it — often without realizing it.

In order to hold your employer accountable for unlawful hiring and screening practices, you need a lawyer that specializes in employment law. At Orange County Employment Law Firm, we have the knowledge and experience necessary to take on even the largest companies in California and get our clients the maximum compensation they are owed. With our small but dedicated team, you can expect to have easy access to your Fair Chance Act attorney and receive a personalized experience that is largely unavailable through most large law firms. We operate on a contingency-fee basis, which means that there are no out-of-pocket costs to open your case, and no fees until we win your case–guaranteed!

It’s Important to Know What Rights You Have Under the California Fair Chance Act

The Fair Chance Act (Government Code §12952), also known as California’s “Ban the Box” law, applies to employers with five or more employees and prohibits them from asking about, considering, or distributing information about your criminal history until after a conditional offer of employment has been made. Employers also cannot include language in job advertisements stating that applicants with criminal records will not be considered.

Once a conditional offer is extended, an employer who wants to rescind that offer based on your conviction history cannot simply do so. The law requires a specific, multi-step process — and a failure to follow any of these steps may entitle you to compensation.

Individualized Assessment, Pre-Adverse Action Notice, and Reassessment

Before rescinding a conditional offer based on a conviction, an employer must first conduct an individualized assessment considering three factors: (1) the nature and gravity of the offense, (2) the time that has passed since the offense or completion of the sentence, and (3) the nature of the job sought. The employer must evaluate whether the conviction has a direct and adverse relationship to the specific duties of the job — a general policy against hiring people with records is not enough.

If the employer preliminarily decides to rescind the offer, the law requires them to send you a written pre-adverse action notice identifying the disqualifying conviction and giving you at least five business days to respond with evidence challenging the accuracy of the report or showing rehabilitation or mitigating circumstances. The employer is then required to conduct a reassessment before making a final decision, and if they still decide to rescind, they must send a second written notice informing you of the final decision and your right to file a complaint with the California Civil Rights Department.

2023 Amendments Expanded Your Rights

As of October 1, 2023, the Fair Chance Act regulations were significantly strengthened. The definition of “applicant” now includes existing employees being considered for promotions, transfers, or subject to review due to a change in ownership, management, or policy. The definition of “employer” was expanded to include staffing agencies, labor contractors, client employers, and third-party background check companies that evaluate conviction history on behalf of employers — meaning more parties can now be held accountable. The regulations also clarified that employers may not require applicants to disclose their status as a survivor of domestic violence, sexual assault, or stalking, or require medical records or disability disclosures in connection with a conviction.

Common Fair Chance Act Violations Include:

Asking about convictions on a job application or during an initial interview
Running a background check before making a conditional offer
Rescinding an offer based on a conviction without any individualized assessment
Failing to send a written pre-adverse action notice
Not giving the applicant at least five business days to respond
Refusing to consider evidence of rehabilitation or mitigating circumstances
Considering arrests that did not lead to conviction, expunged or sealed records, or juvenile adjudications
Posting job ads that exclude applicants with criminal records
Retaliating against applicants or employees who assert their Fair Chance Act rights

Call Us Now to Talk to a Fair Chance Act Attorney in Orange County Within 24 Hours

If you feel that an employer unlawfully considered your criminal history, rescinded a conditional job offer without the required process, or retaliated against you for asserting your rights under the Fair Chance Act, please call our office immediately for a FREE, no obligation case review. Our Fair Chance Act lawyer will return your call within 24 hours to discuss whether you have a claim that could entitle you to compensation, including lost wages, emotional distress damages, and attorney’s fees.

Orange County Employment Law Firm is a boutique law firm in Newport Beach that is dedicated to helping employees throughout Orange County, including Irvine, Anaheim, Santa Ana, Garden Grove, Huntington Beach, Newport Beach, and Tustin recover money from their employers. Because of our small size, low overhead costs and limited number of cases, we’re able to offer an intimate and personalized experience tailored to each client’s specific needs, which helps ensure that we maximize their results. We’re so confident in our representation that there’s no fee unless we obtain a settlement for you.