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.
p.s. I was arrested and am being charged with a misdemeanor DUI. What I am concerned about is them doing a post-employment background check and even though they only asked about Felonies on the application; the terms "changing", and the misdemeanor (if convicted) suddenly providing grounds for termination. That's why I am wondering about the background check language (or lack thereof).