Can an employer in California make the job applicant pay for a background check?

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Can an employer in California make the job applicant pay for a background check?

online application for Deliv

The cost of 38.00 will be deducted from your first two settlements.

Asked on January 12, 2017 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

As long as you are told about this before the background check is done, so you'd have the chance to withdraw your application so as to not pay (and conversely, if you go ahead with the application after having notice of the charge, you would be considered to have agreed to it). Legally, they cannot after-the-fact impose the charge, since then you would not have agreed or consented to it. That said, as a practical matter, it is highly unlikeky that it is worth the time, effort, and cost of taking legal action to dispute or recover a $38 charge. 


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