Quote Quoting jaysam29877
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Thanks for the advice!

No one in my professional life knows about either DUI. And along with that, no one who knows me would consider me to be a "hard partier" although your point about the two DUIs being a symptom of a deeper issue is a valid one that I have been addressing through counseling. Im not sure if making an effort to stop drinking while getting counseling over the past year counts as "significant changes" but thats about all that I am equipped with.

What makes the issue a little more murky is that the company conducted rounds of interviews with other people (including me) and I was offered (and subsequently accepted) the position, and my bosses have gone as far as to tell certain people that I already have the gig. So it makes me consider what Taxing Matters said when it comes to the Fair Chance Act in California. It makes me wonder if the same rules apply to an external candidate as they would for someone like me who is already there.

It is my understanding that if they ARE subject to the Fair Chance Act then they are legally obligated to tell me why they didn't hire me for the position, along with an explanation as to why the convictions would prevent me from doing the job at a satisfactory level. Consider the 3 criteria:

1. The nature and gravity of the crimes (2 misdemeanor DUIs with no crashes or injuries)

2. Time passed since conviction (Conviction was just 7 months ago so I might have that working against me?)

3. The nature of the job being sought (its a middle management office position. In theory they could try to justify it in saying "How can this person manage people when he has issues managing his own life"). But id wonder if telling them my efforts to stay sober and seek counseling (coupled with the fact that my job performance has never once taken a dip) would help me on this front.

I kind of figured that I had little legal recourse if they chose to fire me from my current position (mostly because California is an at-will state). BUT, if the Fair Chance Act rules apply, am I subject to the same protections as an outside employee who has been offered a job and is simply awaiting a pre-emplyment MVR and background check? So thats probably the short version of what Im asking.
While I am no expert on California employment law, I can certainly understand the general problems and situations that this law is designed to remedy. I find it hard to incorporate being denied a promotion because of behavior that occurred after and continued during your time of employment being rolled into consideration under this law, but I suppose that IF IT HAPPENED that you were denied a promotion at this point, specifically because of this issue, you could run it by an employment law attorney. There are far too many hypotheticals in these questions for any of us to provide meaningful answers, there's that big "IF the Fair Chance Act rules apply...." That said, I am glad you're being proactive about your personal issues, and if they ever become a topic for discussion between you and those making the promotion decision, it will be good that you can tell them you're taking positive action.