California Employment Law
California Employment Law Questions Answered by Legal Experts
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Are they charging all applicants, or are they making it a condition of employment for a select few?
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.
The back ground check also includes another fee, $17 for an FBI check
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?
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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.
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.
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".
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