What checks can employers make when employing new staff in the state of California.
Employers in California can make several checks when employing new staff. Here are some of the checks that employers can make in California
- Background checks: Employers can conduct background checks to verify a candidate's identity, criminal record, and education history. California law requires employers to obtain written consent from candidates before conducting a background check and to provide them with a copy of the report if the employer takes adverse action based on the report.
- Drug testing: California law restricts pre-employment drug testing, and employers can only conduct drug testing after a conditional offer of employment has been made. Employers must provide candidates with written notice of the drug testing policy and obtain their consent before conducting the test.
- Employment verification: Employers can verify a candidate's employment history by contacting their previous employers. California law allows employers to disclose information about a former employee's job performance and reasons for termination, provided the information is truthful and given in good faith.
- Reference checks: Employers can request references from a candidate's previous employers or other professional contacts. California law provides immunity for employers who provide reference information in good faith and without malice.
- Driving record checks: Employers can request a candidate's driving record if the job requires driving. California law allows employers to obtain a copy of a candidate's driving record through the California Department of Motor Vehicles.
It is important to note that employers must comply with federal and state laws when conducting background checks and drug testing. Employers must also ensure that they are not discriminating against candidates based on protected characteristics such as race, gender, or age. Employers should obtain written consent from candidates before conducting any checks and provide candidates with copies of any reports or information obtained.
