I'm sorry to tell you that you cannot force this company to remove all references to you from its internal system. To the extent you had any right to privacy in the information you provided, you would have waived it with respect to this employer when you voluntarily gave the company information. The company does not have a right to provide any legally confidential information (medical info, Social Security Number) to another party without your consent. You may have signed a consent form or it may have been in an application.
An employer can be sued successfully for failing to hire a job applicant if that failure was based on a protected category, such as race, sex, age, disability, etc. For this reason, many employers regularly retain information on applicants, especially those whom they have interviewed.
I get the feeling there is something significant you haven't mentioned. If so, you may wish to speak privately with an attorney about it. To find a plaintiffs employment attorney in California, please go to the web site of the California Employment Lawyers Association (CELA). CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is www.cela.org, and you can search for attorneys by location and practice area.
I hope you can resolve your situation and wish you the best.
*** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***
If you give someone money, you may be able to use the legal system to get it back. When you give out information, it is gone for good. You may be able to use the legal system to constrain its uses, if you can prove statutorily prohibited use, but you cannot get information back.
Check you admission ticket and program materials (schedule, brochure, promo materials) for the career fair. Very likely somewhere in the fair materials, there is a warning, disclaimer, or other statement of the rights and purposes of the participating businesses. It will be in type about a quarter the size of the rest. It does not matter whether you signed it. Your entrance to the fair and participation can be understood as explicit agreement to the use of any info provided by you to fair participants, and the reasonably foreseeable uses of applicant info by the fair participants very likely constitutes implicit agreement.
By all means talk with an attorney if you need a more specific and detailed analysis.
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.
I agree with my colleagues.
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