Your Background Check and Your JOB
Background checks for California Employment
California is known to include additional protection, besides the mandatory standards laid down by the Fair Credit Reporting Act (FCRA). However you should know that the FCRA is applicable only if the background check has been conducted by an independent agency which has been hired by the employer.
The FCRA has the below mentioned requirements:
-It should seek your permission before proceeding.
-Send you a notice stating that the report is needed.
-They need to get your consent.
-You should be informed in case the content of the report is being used to take a negative decision about you.
-They need to seek permission in case they require any medical information.
-You should be notified in case they intend to interview your associates or the people residing close to your vicinity regarding your overall reputation, lifestyle or personality.
The FCRA terms this as ‘Investigative Consumer Report’
Note that the information which has been gathered after the background check should not be more than 7 years old. However in exceptional cases like bankruptcy or insurance policies for a large amount, the check is valid for up to a decade. In the case of reporting of criminal convictions there’s no restriction to the number of years.
In case the employer doesn’t hire you or stops your promotion on the basis of the information they have procured during the background check, then it is mandatory for them to issue a ‘pre-adverse action notice’ with a copy of background report before they start taking any action.
According to the California Law, beginning from January 1, 2012, it is mandatory for the employer to reveal the website and contact details of the independent party who had conducted the report. In case the company doesn’t have a website then you can ask for a copy of the privacy policy. You should also ask for a copy of the report and the company should deliver it to you within three days.
According to the California Law, the report’s cover page should also include:
A notice which is typed in at least 12-point and is boldface. This notice should state that the information has been procured from public records and does not assure perfection or complete truthfulness.
It should also include a warning which mentions that the negative information can also be due to a theft of identity.
It should include the notice of rights in English as well as Spanish.
Surprisingly, according to the January 1, 2012 act, you can get credit reports for only specific designations or functions. (CA Civil Code 1785 et seq) Once more the employer needs to give an intimation that they are going to get a credit check along with valid reasons for their actions.
In case the employer does not hire any third party firm and instead conducts the investigation on his own then the FCRA is not applicable. (CA Civil Code 1785.53) For example, the employment application must include a box which can be checked in case the applicant decides to get a copy of all the public records which have been procured in the internal investigation.
Labor Law can be quite complex and if you have any queries about your employment then you should get in touch with a California Labor Law attorney who will assist you in getting a clear picture about your rights.
United Employees Law Group Will always provide a FREE consultation, and if we are able to help in your case we work on contingency.
If you wish to find out more about this article or the blog then you can get in touch with us at: San Francisco – (415) 200-0012
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