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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1843
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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Is it legal in the state of California to charge job applicants

Resolved Question:

Is it legal in the state of California to charge job applicants for finger printing and background checks?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

Employment-LawExpert :

Hello and thank you for your question today.

Employment-LawExpert :

Are you online with me?

Employment-LawExpert :

Welcome to the chat

Employment-LawExpert :

Are they charging all applicants, or are they making it a condition of employment for a select few?

Customer:

They tentatively extend a job offer contingent on passing a background check that includes the fingerprinting and LiveScan. Either way, they applicant is out the cash.

Customer:

The back ground check also includes another fee, $17 for an FBI check

Employment-LawExpert :

So the law on this gets a bit tricky. If an offer is in fact extended then you would be considered an employee and the employer must pay you for all time that this takes as well as for any cost accrued. That being said, if the offer letter specifically references that you are not an employee and these tests are subject to your employment, then they would legally be allowed to charge you. Does that make sense?

Customer:

Yes.

Employment-LawExpert :

Does that fully answer your question?

Employment-LawExpert :

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

Customer:

I think so. I need to review the offer letters carefully to see the exact wording; it may be incorrect. Off the record, I don't think an employee should pay the cost of the employer vetting them, but that's just my personal opinion. Thanks.

Employment-LawExpert :

I completely agree with you. Unfortunately, I do not make the laws, I just read them all day. I realize that the law is not entirely in your favor here and I am truly sorry to have to deliver bad news. Nonetheless, I trust that you will appreciate an accurate explanation of the law and realize that it would be unprofessional of me and unfair to you to provide you with anything less.

Customer:

I totally understand; the law is law and is influenced by many factors which means that the end product, a specific law is not necessarily "right" or "fair".

Employment-LawExpert :

Very true.

Customer:

Thanks and bye!

Employment-LawExpert :

Not a problem. If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.

Employment-LawExpert :

Have a wonderful rest of your day.

Customer:

thanks

Brandon, Esq., Lawyer
Satisfied Customers: 1843
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and other California Employment Law Specialists are ready to help you

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Chat Now With A California Employment Lawyer
Brandon, Esq.
Brandon, Esq.
California Employment Lawyer
1843 Satisfied Customers
Has received a certificate of recognition from the California State Senate for his outstanding legal service.