I was working for a temp agency called OfficeTeam. I was assigned to work at the Dept of Psychiatry at the University of California San Francisco. I started working there on Sept 15, 2014. I was abruptly dismissed from my duties at the end of February 2015. When I received my phone call after 5PM to my personal cell phone, the recruiter from OfficeTeam assigned to UCSF informed me that my assignment had ended and she mentioned that my direct supervisor at UCSF had a previous harrassing/confrontational encounter with a former subordinate and since they ran a background check as required and the results came back 2-3 months later that I had a felony on my record that this was one of the reasons why my assignment ended. She admitted that to me 2 times during the conversation on the call and I was dissappointed because this felony was from 16 years ago and it was for 273.5PC. Plus, I feel that they violated the San Francisco Fair Chance Ordinance by her admitting the reason for my dismissal.
Your post appears to be a complaint but not a question. Perhaps you should re-post and ask a question if you seek some kind of response or guidance.
If you are looking for an attorney to assist you, this Q&A forum is not the place for that. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Good luck to you.
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It seems that your assignment for a state government entity (not covered by the FC Ord) ended, but that is not the same as being terminated by your employer, the temp agency. You may want to discuss this matter with a local employment attorney who has experience with the FC Ordinance.
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Answered about a minute ago. I disagree with the prior responses.
The Fair Credit Reporting Act ("FCRA") and Investigative Consumer Reporting Agencies Act ("ICRA") allow reporting agencies only to go back 7 years, including for felonies. If they report something older than that, then the reporting agency (if not the employer) could be liable.
On the other hand, if they did the investigation themselves instead of hiring an outside company, then they are entitled to go back as far as they choose.
You will want to know whether the company used a reporting agency or did the investigation on their own.
If you believe that your rights have been violated, and you decide that you want to take action, make sure to do so within your statute of limitations, or your rights may be lost forever.
I hope this information is helpful to you.
Craig T. Byrnes
Disclaimer: Please be aware that I am not offering legal advice, nor forming an attorney-client relationship with you. I am not representing you, nor doing anything to protect your legal rights. If you believe that you have suffered a legal wrong, take action before any statute or limitations expires, or your right to do so may be lost forever. Good luck in your legal matter.
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