If a company in Idaho is doing a background check on me for employment, do California state laws apply?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If a company in Idaho is doing a background check on me for employment, do California state laws apply?
In 1993, I was convicted of petty theft in California. I was told that background checks in this state do not show this conviction after 7 years, so I have not disclosed this on any job application in the last 18 years and I have never had a problem. Now, I am applying for a job in Idaho. The application states that I must reveal any conviction or even arrest that I’ve ever had. I am afraid that disclosure will affect my ability to be hired but non-disclosure would also disqualify me if it showed up on the background check. I’m not sure about the law for this background check.
Asked on August 29, 2018 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Employment and labor law is local law (except for the Fair Labor Standards Act and certain anti-discrimination laws, none of which apply to this situation). An employer follows the law(s) of its own state in regard to most employment issues, including background checks. An ID employer would therefore follow ID, not CA, law.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.