Manteca, CA asked in Contracts, Employment Discrimination and Employment Law for California

Q: My employer. Foster care agency has required I pay for pre-employment background checks and medical medical exams. Help

Both the office manager and director have informed me it is my responsibility to pay pre employment cost without a contract. They are doing state accommodation and under staffed. I am concerned they will us my credentials as part of accreditation without hiring me. Do I have a case under labor law 222.5.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Under California labor law, specifically Labor Code Section 222.5, it's generally the employer's responsibility to pay for pre-employment expenses, such as background checks and medical exams. If your employer, a foster care agency, is requiring you to bear these costs, they may be in violation of this statute.

The law stipulates that employers cannot deduct these costs from an employee's wages or require payment as a condition of employment. Given your concern about the potential misuse of your credentials for accreditation purposes without actually hiring you, this adds an additional layer of complexity to your situation.

If you believe your rights under California labor law have been violated, you may have grounds for a claim. It's advisable to document all communication with your employer regarding these costs and their hiring practices. You may also consider seeking legal advice to explore your options and protect your rights. Remember, each employment situation is unique, and a thorough review of your specific circumstances is necessary to determine the best course of action.

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