Connecticut labor law question re: preemployment background check costs. Can a prospective employer require the candidate to pay for the cost of the background check if being requested?

Submitted by Hilfloskind t3_zz97vt in Connecticut

As the title says, is it legal to require a candidate for a job to pay out of pocket for background check costs? My adult son recently moved in with us and is trying to find a job nearby. He just got off the phone with a security company that said he would need to pay for the necessary CT Security Guard (unarmed) certificate and the preemployment background check out of pocket in advance.

I told him on principle alone to keep moving and look elsewhere, but we still want to understand the CT labor laws around this and in general. So far, I haven't seen any specifics related to candidates being required to pay out of pocket for a background check if the employer wants to have one performed as a precondition of employment. Even the security guard certification requirement at worst should be deducted from paychecks if it's a service being offered in house that a person could pursue on their own. He had security guard jobs back in TN and that's how he got his certificate there. That point is more debatable though, given it's more of a value added service in a specific area of expertise, but the idea that you would have to pay out of pocket for a background check being performed by a prospective employer prior to being hired seems like it should be completely against federal law (it's considered a state level policy choice, which shocked me).

We're relatively new to CT and moved here with existing jobs, so neither my wife or I have had to go through any preemployment processes here. That being said, I would hope that there are laws protecting workers from these practices in a state like CT. Does anyone know or have links to any resources related to this subject? CT DoL and Google-fu have not turned up anything for me.

Thanks!!!

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Red_Rover3343 t1_j2a86kv wrote

I did some digging and looked through CT portal.ct.gov and found nothing that said they can't. However, as stated by portal.ct.gov, it costs either $30 or $70 to do it it via fingerprints Ing by the gov or through a private company respectively. There is also a free version, through the state for DDS reasons. I am not familiar with the acronym, sorry.

My opinion is the same as yours, do not bother. If a company is going to charge you to work for them, they are not a company worth working for. Especially for less than $100. That's a big red flag.

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RoseCityRolling t1_j2a8gui wrote

This page, made for prospective buyers of background check services in CT gives a pretty exhaustive list of CT laws in this area, and none of them prohibit charging prospective employers for their own background check. This is pretty typical, when I lived in VA there were lots of defense related jobs and they all required you to pony up for that kind of thing. There are states which prohibit passing that cost to candidates, but we don't appear to be one.

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thesbaine t1_j2a8rxq wrote

In regards to the certificate deducting things from pay is weird and I would rather pay out of pocket. Less chance for fuckery.

I have never paid for a background check when applying for a job. That said I don’t know the requirements for security guards in CT and it could be a deeper check. That said it’s passing costs along and wouldn’t be surprising.

At the end of the day it’s your kids choice, but I would keep shopping.

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Malapple t1_j2acm3l wrote

I don’t think it’s crazy for him to pay for the security guard certificate as he could use that anywhere.

It seems bananas to me that they would charge him for the background check. I could see if it was something along the lines of “if you fail, the background check, you’ll be responsible for the fee “ but this doesn’t feel like that.

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TCPottery t1_j2adkuc wrote

The security guard licensure belongs to the individual. If he already were licensed, there would be no need for additional expenses to become licensed. If the organizations paid for licensing, the certification would remain with the employer.

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NLCmanure t1_j2akkc8 wrote

it probably depends on the company. I know my current employer paid for my background check and they also paid all expenses for traveling to and from to do the job interview. They even paid for meals.

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omgitssomethingshiny t1_j2ax9nz wrote

I’ve worked with a couple security companies in my…ahem…thirty year HR career and this is pretty standard. Nothing to raise any flags for me…

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Billh491 t1_j2bq9a3 wrote

Just as a side not my family works in K12 and every time you get a new job you have to be finger printed. We have had places that were big districts that had an in house system which was free. The local police some times did it for free but have also had to pay for it to get done as well.

So there can be times you have to pay for these things.

Mind you even if you change a job with in a year you have to have it done each time.

Not saying it is a bad thing as we work with kids.

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