Do I Need to Reimburse a Live Scan for a New Hire?

Question from Lm, Do I Need to Reimburse a Live Scan for a New Hire?

Answer from AI:

In California, employers often require a Live Scan background check as part of the hiring process. This involves fingerprinting and a background check conducted by the Department of Justice. The question of whether you must reimburse a new hire for their Live Scan costs, even if they change their availability and are no longer suitable for the position, can depend on several factors.

Understanding Live Scan Reimbursement

In California, there is no specific law that mandates employers to reimburse employees for Live Scan costs. However, reimbursement policies can be influenced by:

• Company Policy: If your company has a policy or practice of reimbursing Live Scan fees, you may be obligated to follow it, regardless of the employment outcome.
• Employment Agreement: If there was an agreement or understanding that the Live Scan fee would be reimbursed, this could create an obligation.
• Labor Code: California Labor Code Section 2802 requires employers to reimburse employees for necessary expenditures incurred in direct consequence of their duties. However, this typically applies to expenses incurred after employment begins.

Steps to Consider

If you are unsure about your obligation to reimburse the Live Scan fee, consider the following steps:

1. Review Company Policies: Check your company’s employee handbook or any written agreements for guidance on reimbursement policies.
2. Consult with HR: Discuss the situation with your Human Resources department to ensure consistency with company practices.
3. Legal Consultation: If there is any uncertainty or potential for dispute, it may be wise to consult with a legal professional to understand your obligations fully.

When to Seek Legal Advice

If the new hire disputes your decision not to reimburse, or if there is a potential for a legal claim, it is advisable to seek legal advice. A legal professional can provide guidance based on the specifics of your situation and help you navigate any potential legal issues.

Resources

For more information on California labor laws and employer obligations, you can visit the [California Department of Industrial Relations](https://www.dir.ca.gov/) website. Additionally, the [California Legislative Information](https://leginfo.legislature.ca.gov/) site provides access to the full text of California laws and regulations.

Remember, while general guidelines can be helpful, each situation is unique, and consulting with a legal professional can provide clarity tailored to your specific circumstances.