Some companies can be run with just the owner doing all the work. Many others, however, require at least some amount of employees to help execute regular operations. Running a business is not an easy task and business owners have many considerations they have to think about when they make executive decisions. Hiring is one of these critical decisions.
In California, just like is the case in many states across the nation, hiring practices should be free of discrimination. California has very specific hiring laws and guidelines that employers must abide by with respect to running their business and bringing aboard new help.
If you are a business owner in California and have questions or would like legal guidance on various aspects of your business including legal hiring practices, please call the Los Angeles business attorney at Leiva Law today.
Understanding Employment Laws in California
Business owners who need more support with operations are likely going to be thinking about what positions in their company must be filled. To find the right candidates, putting together a detailed and comprehensive job posting can help narrow down the applicant field to only those individuals that are qualified for the position being advertised. However, before making that staffing need public, it is important that business owners are aware of legal and appropriate hiring practices in California.
It is likely that a post for a position will include educational background, specific skills, knowledge, and experience necessary to meet the requirements of the role. Not only will a business owner want to find the right people that have the most fitting credentials, but other aspects of a new hire may also be desired.
When you bring someone new into your business to do their job you are expecting that they are a decent individual who will be honest and trustworthy. Also, that they will not pose a threat to you, your company, or other employees and vendors you work with. Even though this may be the case, the state of California says that business owners should have compassion and an understanding that people are not perfect and sometimes they make errors. In specific, a criminal background should not necessarily be a preventative issue that makes it difficult for a person to secure a job and earn a living.
The Fair Chance Act prevents an employer from questioning a candidate about their criminal history prior to deciding to offer conditional employment. Though, an employer may still request a background check be done on a potential employee after an offer is made. Finding out that a prospective employee has a criminal background can be less than ideal for an employer but legally, it may not be grounds for rescinding an offer.
Specifically, if the following are true, it will be unlawful to take back a job offer:
- When a person was arrested but never convicted.
- A person that has an expunged conviction.
- A person that has a sealed record.
- If the person successfully completed a diversion program.
Speak with a Los Angeles Business Attorney Today
A business owner has the right to revoke a job offer, but if not done so in accordance with the law, there could be serious legal repercussions that follow. For legal guidance and assistance with your business please call the Los Angeles employee relations attorney at Leiva Law to schedule a free consultation at(818) 519-4465.