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Old 05-21-2013, 04:35 AM
 
6 posts, read 22,452 times
Reputation: 16

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I live in California. I went into an interview for an insurance company looking for a salaried job, but the recruiter spent somewhat half an hour trying to sell me an agent position that was extremely shady, telling me all the benefits. So she tells me I need a background check and walks me over to a computer to fill out all my details. I enter it all in and the fee for the background check was $63. I only had $60 cash with me so I gave her the cash and she used her credit card to pay off the $63 background check. She gave me no receipt for it. It just now occurred to me, is she legally allowed to charge me for a background check in California? Shouldn't the employer be paying for that? I really wish I had used my credit card rather than forking over the cash at the time. What should I do? I really only wanted an office salaried job, but the whole thing sounds like a scam the way she tried to rush me in for an interview. I'm thinking I should go back tomorrow and ask for a receipt at the least before proceeding, possibly?
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Old 05-21-2013, 05:11 AM
 
Location: NJ
17,578 posts, read 44,238,285 times
Reputation: 16244
I think most people would have refused to pay it in the first place. But you did agree and you did pay. What difference does it matter if you have a receipt or not?
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Old 05-21-2013, 05:17 AM
 
6 posts, read 22,452 times
Reputation: 16
Quote:
Originally Posted by manderly6 View Post
I think most people would have refused to pay it in the first place. But you did agree and you did pay. What difference does it matter if you have a receipt or not?
Well my question is whether it's legal for her to make me pay the background check fee in California. If so, I could possibly ask for the fee back and a receipt would give me a proof of purchase.

I've looked up on two sites that employers are not allowed to make the employee pay for a background check, but still am unsure.

privacyrights.org/fs/fs16-bck.htm

fyiscreening.com/is-it-legal-for-an-employer-to-charge-a-potential-employee-for-a-background-check/
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Old 05-21-2013, 05:40 AM
 
7,380 posts, read 15,056,385 times
Reputation: 4973
that definitely sounds scammy - they did a bait and switch in making you think you were coming in for an actual job when really they were trying to get you to be an agent, which i believe is 100% commission based. sometimes these companies even charge YOU for the privilege of selling their product.

you can call your local dept of labor standards enforcement, they should be able to tell you whether it's legal for the company to charge you. but without a receipt you may be out of luck regardless. do what you can to see if you can get it back, but you may have to take this as a lesson learned.

pick the closest one!

Division of Labor Standards Enforcement - District offices

you can also e-mail dlse2@dir.ca.gov
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Old 05-21-2013, 06:37 AM
 
Location: broke leftist craphole Illizuela
10,339 posts, read 16,302,501 times
Reputation: 20232
From what I've heard it varies from state to state what if any recruitment costs can be charged to the applicant. My guess in California the anwser is none but call the DOL and ask. In any state passing the costs of recruitment to workers/applicants is a sign of either a scam or a very bottom tier company you wouldn't want to work for.
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Old 05-21-2013, 07:40 AM
 
2,091 posts, read 7,185,350 times
Reputation: 2169
If the job is actually as an agent and the fee was paid to your state as part of a licensing application then you would pay. If not, you got screwed.
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Old 05-21-2013, 11:34 AM
YAZ
 
Location: Phoenix,AZ
7,344 posts, read 13,215,854 times
Reputation: 6685
Quote:
Originally Posted by MSchemist80 View Post
From what I've heard it varies from state to state what if any recruitment costs can be charged to the applicant. My guess in California the anwser is none but call the DOL and ask. In any state passing the costs of recruitment to workers/applicants is a sign of either a scam or a very bottom tier company you wouldn't want to work for.
Yep.

I accepted a position in 1999 with an outfit that charged me for the pre-employment drug screen.

They reimbursed me after I fulfilled my 90 day probation period. It only took 30 days for me to realize that I didn't want to work there.
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Old 05-21-2013, 01:53 PM
 
6,459 posts, read 11,531,650 times
Reputation: 6390
Quote:
Originally Posted by Paigey21 View Post
I live in California. I went into an interview for an insurance company looking for a salaried job, but the recruiter spent somewhat half an hour trying to sell me an agent position that was extremely shady, telling me all the benefits. So she tells me I need a background check and walks me over to a computer to fill out all my details. I enter it all in and the fee for the background check was $63. I only had $60 cash with me so I gave her the cash and she used her credit card to pay off the $63 background check. She gave me no receipt for it. It just now occurred to me, is she legally allowed to charge me for a background check in California? Shouldn't the employer be paying for that? I really wish I had used my credit card rather than forking over the cash at the time. What should I do? I really only wanted an office salaried job, but the whole thing sounds like a scam the way she tried to rush me in for an interview. I'm thinking I should go back tomorrow and ask for a receipt at the least before proceeding, possibly?
I see this scam is spreading. Yes, you should have received a receipt, but then again, call your credit card company dispute the charge completely.
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Old 05-21-2013, 01:57 PM
 
2,618 posts, read 5,926,800 times
Reputation: 2109
Many of my clients who are Volunteer Organizations charge their volunteers a fee for the background check. I've also had landlords charge me for a background check when applying for a lease for an apartment.
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Old 05-21-2013, 02:03 PM
 
Location: broke leftist craphole Illizuela
10,339 posts, read 16,302,501 times
Reputation: 20232
I really think this practice needs to be outlawed the same as having recruiters charge candidates which already is. It is something the employer wants and the candidate doesn't need as they already know what is in it, the company has no business charging a candidate for it.
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