California (CA) Pre-Employment Screening
Pre Employment Screening In California

We Explain-You Decide which employment screening services you need.

California imposes unique employment screening requirements. National Employment Screening provides professional pre employment screening services to help you choose the right employment background checks and employment screening services you need to protect your employees and clients from the costly effects of making a hiring unsatisfactory employees.

We provide employment screening services for hospitals, nursing homes, franchised auto dealers, staffing companies, employee leasing companies, PEO's,  trucking and transportation companies, banks, high tech companies, insurance companies and all other employers in all California cities.

Pre employment screening services available in California: (Click on each link for more information)

We explain - You decide which employment screening and background check services your company needs.

We provide employment screening services for many industries and businesses in California including hospitals, nursing homes, schools and colleges, franchised auto dealers, staffing companies, trucking and transportation companies, aero-space, banks, high tech companies, insurance companies and all other types of employers in all California cities.

The California counties of Los Angeles, Irving, Long Beach, San Diego, San Jose, San Francisco, Silicon Valley, Sacramento, Fresno, Bakersfield, and Riverside provide very limited information to national and or multi-state criminal record data bases. Often, if charges or arrests are indicated, charges will be shown as "Unspecified".

Therefore, it is highly recommended that you request a county criminal background check be manually researched at the appropriate county court house in order to come up with recent and reliable criminal records when conducting employment screening.

Call anytime to get more information about our California Pre Employment screening services at
800.459.3034.

Complying with California Employment Screening Laws

Giving Employment References in California

Some protection in this area is given to employers in California.

California employment law provides that Communication concerning the job performance or qualifications of an applicant for employment, based upon credible evidence, made without malice, by a current or former employer of the applicant to, and upon request of, one whom the employer reasonably believes is a prospective employer of the applicant. This subdivision authorizes a current or former employer, or the employer's agent, to answer whether or not the employer would rehire a current or former employee. (Cal. Civil Code 47)

Remember that you must give accurate information to be afforded this protection.

California At Will Law

Employees are presumed to be "at will." California At-will employees may be terminated for any reason, so long as it's not illegal. Generally, employees that work under an employment contract can only be terminated for reasons specified in the contract. In California, the at-will presumption can be overcome by evidence that despite the absence of a specified term of employment, the parties agreed who the employer's power to terminate would be limited in some way.
 

California employment law is broader in scope than the federal FCRA. It covers third-party employment screeners, as does the FCRA. But it also covers employers who conduct background checks themselves, something the FCRA omits.

California Employment law was amended in 2001 to give job applicants as well as current employees greater rights to see the results of background checks. You also now have a better chance to find out about inaccurate or incomplete information. (CA Civil Code 1786)

Employees and job applicants in California have all the rights of the FCRA and more, but there are differences. Two of the most obvious differences are the meaning of some terms and the notice requirements that starts the employment screening process.

Background checks are not limited to job applicants. Employers increasingly conduct investigations of existing employees.

Under the FCRA, once you give your permission for a background check, your employer does not have to get your permission to run another check in the future.

However, California law requires notice and permission from you "at any time an investigative consumer report is sought for employment purposes other than suspicion of wrongdoing or misconduct." (CA Civil Code 1786.16(2))

Almost all of the information collected in an employment background check comes from public records.

Examples of non-public record information might include reference checks with past employers and a verification of your education credentials.

You are not entitled to get information an employer receives by checking your references.

If a third party conducts the investigation employment references are also exempted from the report that the individual is entitled to receive. The employer only has to give you a copy of any public records obtained in checking your background. This could include documents that pertain to an arrest (if it results in a conviction), indictment, conviction, civil judicial action, tax lien, or outstanding judgment.

Such records can be obtained if an employer goes directly to the public source or uses an Internet site that collects public records and sells the information.

California employment screening law restricts vendor reporting of criminal conviction information to seven years.

California Human Resources Information

CA Department of Managed Health Care Bilingual help with all aspects of HMO’s

HR California Online site for HR information from California Chamber of Commerce; many areas require subscription.

California state codes Easy site to use when wanting to access state codes. At the site, click on Labor Code.

The National Human Resources Association (NHRA)  The NHRA provides a career channel, a true stories column, HR news, talk and more

The Society for Human Resource Management (SHRM National HR site, rich with educational information; some areas require membership

California and Human Resources Blog

California Employment Screening Law

California CIVIL CODE

California Civil Title 1.6 Click Here

Consumer Credit Reporting Agencies Act Civil Code Sections 1785.1 - 1785.36

Last Updated: Wednesday, January 09, 2008

SECTION 1786.10-1786.40

For complete California code: Click Here

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1786.10-1786.40

California Reporting  Limitations

1786.18.  (a) Except as authorized under subdivision (b), an
investigative consumer reporting agency may not make or furnish any
investigative consumer report containing any of the following items
of information:
   (1) Bankruptcies that, from the date of adjudication, antedate the
report by more than 10 years.
   (2) Suits that, from the date of filing, and satisfied judgments
that, from the date of entry, antedate the report by more than seven
years.
   (3) Unsatisfied judgments that, from the date of entry, antedate
the report by more than seven years.
   (4) Unlawful detainer actions where the defendant was the
prevailing party or where the action is resolved by settlement
agreement.
   (5) Paid tax liens that, from the date of payment, antedate the
report by more than seven years.
   (6) Accounts placed for collection or charged to profit and loss
that antedate the report by more than seven years.
   (7) Records of arrest, indictment, information, misdemeanor
complaint, or conviction of a crime that, from the date of
disposition, release, or parole, antedate the report by more than
seven years.
 These items of information shall no longer be reported
if at any time it is learned that, in the case of a conviction, a
full pardon has been granted or, in the case of an arrest,
indictment, information, or misdemeanor complaint, a conviction did
not result; except that records of arrest, indictment, information,
or misdemeanor complaints may be reported pending pronouncement of
judgment on the particular subject matter of those records.
   (8) Any other adverse information that antedates the report by
more than seven years
.
 

By statute, California is a "no-arrest" state when it comes to employment screening. According to California Labor code section 432.7:

(a) No employer, whether a public agency or private individual or corporation, shall ask an applicant for employment to disclose, through any written form or verbally, information concerning an arrest or detention that did not result in conviction, or information concerning a referral to, and participation in, any pretrial or post trial diversion program, nor shall any employer seek from any source whatsoever, or utilize, as a factor in determining any condition of employment including hiring, promotion, termination, or any apprenticeship training program or any other training program leading to employment, any record of arrest or detention that did not result in conviction, or any record regarding a referral to, and participation in, any pretrial or post trial diversion program. As used in this section, a conviction shall include a plea, verdict, or finding of guilt regardless of whether sentence is imposed by the court. Nothing in this section shall prevent an employer from asking an employee or applicant for employment about an arrest for which the employee or applicant is out on bail or on his or her own recognizance pending trial.

433. Any person violating this article is guilty of a misdemeanor. (Emphasis added)

Consequently, before any consideration of the use of the FBI database by employers, it must be recognized that the decision is not primarily a criminal justice or security issue, but also involves human resources considerations, labor law and civil rights law that historically have been matters of state determination, as well as Federal law such as the EEOC rules and the FCRA

Please note that Federal employment screening law mandates background checks for employees who are engaged in particular industries. The Office of Inspector General of the Department of Health and Human Services maintains a list of individuals who are excluded from participation in any of its federally-funded healthcare programs. Exclusions are due to convictions for program-related fraud and patient abuse, licensing board actions and default on health education assistance loans. Therefore, employers in affected industries should check the OIG Exclusion list before hiring employees who might work in such programs. The FACIS program is also very important when screening medical personnel. Click Here for more information on FACIS.


Pre-employment screening searches are available in the following states.
Click a state below to see pre employment screening law, employment screening information, tips and specific
pre employment screening searches available in that state:
 
Alabama  employment screening (AL), Alaska employment screening (AK), Arizona employment screening (AZ),
Arkansas employment screening  (AR), California employment screening  (CA), Colorado employment screening (CO),
Connecticut employment screening  (CT), Delaware employment screening  (DE), Florida  employment screening (FL),
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Missouri employment screening  (MO), Montana employment screening  (MT), Nebraska employment screening  (NE),
Nevada (NV), New Hampshire employment screening  (NH), New Jersey employment screening  (NJ),
New Mexico employment screening  (NM), New York employment screening  (NY), North Carolina employment screening  (NC),
North Dakota employment screening  (ND), Ohio employment screening  (OH), Oklahoma employment screening  (OK),
Oregon employment screening  (OR), Pennsylvania employment screening  (PA), Rhode Island employment screening  (RI),
South Carolina employment screening  (SC), South Dakota employment screening  (SD), Tennessee employment screening  (TN),
Texas employment screening  (TX), Utah employment screening  (UT), Vermont employment screening  (VT),
Virginia employment screening  (VA) , Washington employment screening  (WA), West Virginia employment screening  (WV),
Wisconsin employment screening  (WI), Wyoming employment screening  (WY


 

California drug free workplace employment drug screening
Kathryn Jett
Director
Governor's Policy Council on Drug and Alcohol Abuse
1700 K Street
5th Floor, Executive Office
Sacramento, CA 95814-4037
Tel: 916/ 445-1943
Fax: 916/ 323-5873
Website: www.adp.ca.gov

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