Q: Can a company in Chino Hills, California (corporate office in Michigan) require the employee to pay for background check
I was offered a job at a school in Chino Hills, California and they are requiring me to cover the charges for a background check, TB test, and physical exam (all pre-employment). I found this information and I'm wondering if it applies to this situation since the company's headquaters are out of state: Per Cal. Labor Code 222.5, the applicant cannot be required to pay for employment drug screenings, their own background checks in California, or medical examination expenses.
A: Since you reside in California, California law applies to your employment. Rather than risk not getting the job, you should consider paying for the items required by the employer, then seeking reimbursement after the fact and explaining the California law. If they terminate you after you are hired, you will have a whistleblower retaliation claim under Labor Code 1102.5.
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