Can a potential employer require a job applicant to pay for fingerprinting/background check expense upfront?

Asked over 1 year ago - Lancaster, CA

Can a potential employer require a job applicant to pay for fingerprinting/background check expense upfront as part of the application process, even if ultimately not hired?

Attorney answers (3)

  1. 2

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    Answered . No, but on a practical level, what are you going to do about it? Refuse to pay and you likely are not hired and all you are left with is a legal claim that is of questionable value.

    If you really want to push the issue, I suggest you locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed... more
  2. 2

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    1

    Answered . Probably not. Under Labor Code 2800 and 2802, an employer is required to indemnify employees for em

  3. Answered . No; consult an employment attorney who handles class actions. If you are not the only one who is being charged, there may be potential claim for many more applicants who each had to pay $50. Most will offer a free consultation so don't be afraid to ask for one.

    Any post of discussion above is general in nature and is not intended to and should not be construed as legal... more

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Employment law governs employee pay, non-discrimination policies, employment classifications, and hiring and firing at the federal, state, and local levels.

Background checks for employment

An employment background check occurs prior to hiring, when the employer consults credit reports, criminal records, and bankruptcies before making a decision.

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