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Background Check - California

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jhdoe

Junior Member
What is the name of your state? California \ NY

Hello,

I was recently hired by a company based in California. None of the applications, business agreements, or any other documents mentioned anything about a background check. It did ask if I had ever been convicted of non-expunged felonies (which I have not); and there was a statement that if anything on the application or my resume was determined to be untruthful I would be disciplined up to and including termination.

Is my understanding correct that, based on California Law, if they were going to do a background check they needed to do one of two things:

1) If using an outside agency to do the background check notify me clearly that a background check was to be performed.

2) If doing an internal background check, they do not have to notify me as clearly (or really at all as I understand it) but they DO have to provide me a checkbox allowing me to request a copy of any background information they gather and/or find adverse.

Is my understanding correct? Note: all the documents say that the laws of California govern the agreements - the job will actually be based in the NY office.

THANKS!

John
 


JETX

Senior Member
Note: all the documents say that the laws of California govern the agreements - the job will actually be based in the NY office.
First, though they say that California laws govern the agreements (for venue), I doubt that the California labor laws would cover your employment based in another state (New York).

If California laws did apply, here is a good site with your information:
http://www.privacyrights.org/fs/fs16a-califbck.htm

And for other states, generally:
http://www.privacyrights.org/fs/fs16-bck.htm
 

jhdoe

Junior Member
First, though they say that California laws govern the agreements (for venue), I doubt that the California labor laws would cover your employment based in another state (New York).

If California laws did apply, here is a good site with your information:
http://www.privacyrights.org/fs/fs16a-califbck.htm

And for other states, generally:
http://www.privacyrights.org/fs/fs16-bck.htm
Thanks for your reply. So even though the company is headquartered in California they do not have to follow California labor laws because I am working in their NY office?
 

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