Notification of Background Checks in California

[jhdoe]

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

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).

THANKS AGAIN!

[panther10758]

If at the time you filled out form there was no conviction you have not lied. However CA being an "at will" State you can be terminated at any time for any or no reason long as it does not violate any law or contract ro cba.

[jhdoe]

If at the time you filled out form there was no conviction you have not lied. However CA being an "at will" State you can be terminated at any time for any or no reason long as it does not violate any law or contract ro cba.

So they don't have to have a policy against misdemeanors - they can simply decide to terminate me for whatever reason.

I know this is a hard question to answer: but as I am a good and key knowledge employee, do you think this will happen? I do not drive for a living - I am part of a think tank.

[aaron]

Did you lie on your application? Many employers will consider that a sufficient basis to terminate even a good employee. Do you have to drive for your job? Many employers want their drivers to have clean records.

[cyjeff]

I answered this question in another post.

Why would you keep asking the same question over and over again?

You said you talked to your boss. He/she said to just not mention it.

You now have two options. Keep quiet or tell HR. You said you didn't want to tell HR. Then you have one option.

[panther10758]

So they don't have to have a policy against misdemeanors - they can simply decide to terminate me for whatever reason.
I know this is a hard question to answer: but as I am a good and key knowledge employee, do you think this will happen? I do not drive for a living - I am part of a think tank.

Yes long as it violates no law

[jhdoe]

I answered this question in another post.

Why would you keep asking the same question over and over again?

You said you talked to your boss. He/she said to just not mention it.

You now have two options. Keep quiet or tell HR. You said you didn't want to tell HR. Then you have one option.

Hmmm... you answered this in a post on a different site.

I am simply eliciting second opinions

[jhdoe]

Did you lie on your application? Many employers will consider that a sufficient basis to terminate even a good employee. Do you have to drive for your job? Many employers want their drivers to have clean records.

No, I do not drive for my job (except occassionally driving to different corporate offices); and I definitely did not lie on my application.

[cbg]

Since you do not work in California, California law does not apply to you, no matter where the company is located.

That is not a matter of opinion. That is fact.

[jhdoe]

Since you do not work in California, California law does not apply to you, no matter where the company is located.

That is not a matter of opinion. That is fact.

Thank you.