Embed Size (px)
DESCRIPTION
The deck provides a handy reminder to California employers.
Citation preview
Your personal shopper for HR news!
www.hrgazette.com Mary E. Wright, Editor
The California EmployerEmployee Arrest Records
California Labor Code §432.7
www.hrgazette.com Mary E. Wright, Editor
There are 2 Kinds of Arrests.
• Arrests that lead to a conviction.
• Arrests that do not lead to a conviction.
www.hrgazette.com Mary E. Wright, Editor
Employer May Not Ask an Applicant:
• About an arrest not leading to a conviction.
• An arrest leading to:– referral to or– participation in:
• a pre-trial diversion program, or
• a post-trial diversion program.
“Have you ever been arrested?”
“Have you ever participated in a diversion program?”
California Labor Code §432.7
www.hrgazette.com Mary E. Wright, Editor
A “Conviction” is:
• Plea Bargain• Verdict of Judge or Jury
• Finding of guilt regardless sentence.
www.hrgazette.com Mary E. Wright, Editor
A “Diversion Program” is:A form of sentencing:
• Run by a police department, court, a district attorney's office, or outside agency.
• To enable offenders to avoid criminal charges or record.
Program may include:
1. Education to prevent future offenses
2. Restitution to victims3. Community service hours4. Avoiding situations or
people that could lead to commission of further offenses
Use evidence of a convictionless arrest to set terms or conditions of employment:
www.hrgazette.com Mary E. Wright, Editor
Employer May Not:
– Hiring– Promotion– Termination– Training– Wages
This is true regardless of the sourcefor the information; i.e., voluntarydisclosure, Google search, local news.
Ask an employee or applicant for employment:About an arrest for which
the employee or applicant is out on bailor on his or her own recognizance pending trial.
www.hrgazette.com Mary E. Wright, Editor
Employer May:
Your personal shopper for HR news!
www.hrgazette.com Mary E. Wright, Editor
Of course, nothing in California is that easy.There are all sorts of factual twists that canchange the way this material applies in your particular situation – and the law changes all the time.
Send questions or comments to:Mary Wright, Editor, HR Gazette
Your personal shopper for HR news!
www.hrgazette.com Mary E. Wright, Editor
Ubiquitous DisclaimerHR Gazette does not provide legal advice. The content of this slide deck is forinformational purposes only. Before usingthis information – or any information youget over the Internet – consult your lawyer.
Nothing takes the place of advice from a lawyer who knows you and your business,and who understands the laws of the state in which your business is located.
