Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Background Check CA California

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Background Check CA California

    I had question regarding background checks in CA. If an employer runs a background check and finds out information that influences the employer to not hire the employee, are they able to take back an offer? For instance, if I had a felony court case pending (but I have not been convicted) is the employer able to not hire me because of this? Is this true even if they have already offered me the position, but I have not started?

  • #2
    Yes, they can. That does not mean they will, but at least in some circumstances they can.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      What if I am not hired for something that is unrelated to the position, like excessive speeding tickets? I thought that criminal backgrounds could only be taken into consideration if it was a conviction and relevant to the positon.

      Comment


      • #4
        That is state specific. I cannot find anything in CA law to say that applies there.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment


        • #5
          Originally posted by SunnyCA View Post
          What if I am not hired for something that is unrelated to the position, like excessive speeding tickets? I thought that criminal backgrounds could only be taken into consideration if it was a conviction and relevant to the positon.
          If you didn't disclose your felony convictions on the application, I wouldn't hire you, since you lied.
          Please no private messages about your situation.

          Comment


          • #6
            Originally posted by SunnyCA View Post
            if I had a felony court case pending (but I have not been convicted) is the employer able to not hire me because of this?
            Most employers ask about convictions and they should not ask about pending charges. After all, you are not guilty until convicted.

            I have only once had the unpleasant experience of having an applicant (we hired him) truthfully state that he had never been convicted of a felony (a requirement of the job by state law). He did not bother to disclose that he had felony charges pending. He was convicted. He was fired. I wish I could charge him for the hiring costs.

            Okay, away from my problems.

            If your potential conviction would make a difference in you being hired or not, I (as the employer) would try to delay the hire until the outcome was known.

            I am sure there are lawyers here that would disagree and argue that the company cannot consider pending charges at all. Doing so does not help them nor you. No point in taking a job only to be fired upon conviction, if that is what could happen.
            Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

            Comment


            • #7
              Ca. -- Employers may not ask applicants to disclose info about arrests that didn't result in a conviction or info concerning a referral to & participation in a pretrial or posttrial diversion program. They're also prohibited from seeking or utilizing arrest records that didn't result in conviction as a factor in determining conditions of employment such as hiring, promotion, or termination. Nor can employers inquire into any marijuana related convictions more than 2 yrs. after the date of the conviction. Those provisions don't prevent employers from asking about arrests for which an employee or applicant is out on bail or on his own recognizance pending trial. Persons seeking jobs as peace officers, physicians, & with law enforcement agencies with access to criminal offender record info, or positions with the Div. of Law Enforcement of the Ca. Dept. of Justice aren't protected by the provisions. There are also exceptions for certain health facilities. Banks & credit unions may deliver fingerprints taken of applicants to local, state, or fed. law enforcement agencies to find out if an applicant has ever been convicted of a crime or is out on bail pending trial. The Ca. Dept. of Justice must & a local law enforcement agcy. may, give the bank or credit union a summary of the criminal hx info for the applicant when a written request is made. No requests can be submitted w/o the applicant's written consent. It's a misdemeanor to require employees to obtain a copy of their criminal record or a notification that such a record exists. There is no restriction on asking applicants about convictions on the application.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment

              The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
              Working...
              X