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CA employment law and workers compensation law, filing a claimI was hurt on the job went through the whole workmans comp procedure got retrained couldnt make a living at new career got a job at a small company then got laid off three years later due to lack of business( construction company) The problem Im having now is anytime I apply for a position I get rejected because of my workmans comp claim comes up on my backround check. I have spoken to my counsler at CA EDD and she says while its against the law to discriminate its almost impossible to enforce. I am totally recovered from my injury and its been about five years since it was settled .I cant seem to even get an interview . My EDD lady tells me it stays on your file for ten years and will for sure show up on a backround check. So what I need to know is there anyway to have the claim deleted from a backround check? I worked for my company (Pepsi) for 17 years before getting hurt and I just want a chance to get a job. Thank Jim Attorney answers (2)
Reputation Level 10
Answered over 3 years ago.
Employment / Labor Attorney in San Francisco, CA.
While there may not be a way to get that off of your background check, there are various laws surrounding background checks, as well as anti-discrimination laws. You can conduct a sting operation on the company you are applying at by sending in a private investigator as an applicant who has similar credentials to you.
That's not quite your goal, but, then again, the companies you are applying to are required to follow the law, and the law does not allow them to discriminate. Good luck. Alden
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Reputation Level 9
Answered over 3 years ago.
Wrongful Termination Lawyer in Manhattan Beach, CA.
It depends on what you mean by "claim." If you mean that you filed a lawsuit to enforce your
rights under the workers compensation laws, that indeed can stay on your background check for 7 years. If you didn't file suit, but just a claim through your employer, this information cannot appear on your background check under California and federal law. Depending on your specific facts, you may have a cause of action under California and federal law. If this is an inquiry you are considering pursuing, be aware that you must act before your statutes of limitations expire, or your right to do so will be lost forever. Good luck, Craig Byrnes www.ctblawfirm.com 1 person marked this answer as good
Other answers (1)
steam_boat37
Answered by a user, over 2 years ago.
from one injured worker to another, I have gone through a similar situation..
I suggest you seek an attorney to talk to... I did and i got retrained again, I had 7yrs in the state of Washington. If you were re-trained for a job that is not hiring in a result of the economy then Yes! they will send you back for training in something different, maybe website design like I did. check it out and email me, Thanks, Shane: www.freeinjuredworkeradvice.com Related Questions1 Attorney answers: 
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