Every prospective employee should know their rights. Here is everything you need to know about Contracts and Applications: California Labor Code 432.
California law protects employees who are signing contracts and applications for employment by ensuring that all employees are informed on what they are consenting to with these agreements. California Labor Code 432 states that every employee or applying individual who signs any agreement relating to employment is entitled to a copy of the contract upon request. California law also protects employees during the application process from employers seeking additional and unnecessary information they have no rights to.
Employee Protection Rights in Applications
Most employers will require the same general information from an individual who is applying for employment such as a birth certificate, address, references, etc. However, there may be some employers who request private information or unnecessary tasks as part of the application process which violates an employee’s rights as listed in the California Labor Code. Here are some additional information and requests that an employer cannot require during an application process as provided by California Labor Code Section 432:
- No employer can require an applicant to take a polygraph, lie detector, or any similar test as a condition of employment.
- However, an exception to this law is for federal or state employees who can be requested to submit one of these tests to their employer.
- No employer cannot seek the salary information of an applicant for employment or use it as a factor for determining whether to offer employment to the applicant.
- No employer can require any employee or applicant for employment to consent to any agreement that is only known by the employer.
- No employer can require any applicant or employee to waive any right, forum, or procedure for a violation of any provision of the California Fair Employment and Housing Act as a condition of employment or of the application.
- The California Fair Employment and Housing Act (FEHA) provides employees with protection from discrimination, retaliation, and harassment in employment.
- No employer is permitted to ask the applicant to inform them of any information pertaining to an arrest or detention that did not result in a conviction.
- Additionally, the employer is not allowed to ask the applicant to disclose any information concerning an arrest, detention, or court disposition that occurred while the individual was subject to the jurisdiction of the juvenile court.
An employer does not have any right to any of the information listed above. If an employer asks or requests such information, it is crucial for the applicant to know that it is well within their rights to refuse to comply. More information on the details and specific situations these rights can apply in can be found here.
Violations of California Labor Code 432
Any employer who violates any law described in this Code is guilty of a misdemeanor.
Additionally, every employee or potential employee has the right to report a violation of this labor law to the California Department of Industrial Relations. Here is everything an individual needs to know about how to report a violation of this, or any, labor law in California:
1. File the report either online or through mail.
The report can be filled out and submitted online here. If submitting the form by mail, an individual can download the form here, and sign it once completed. The form must be taken or mailed to the individual’s local Labor Commissioner Office who will receive and process the claim.
2. If an individual is also seeking to file a wage claim, they can do so here.
If you or a loved one has any more questions about Contracts and Applications: California Labor Code 432, contact us. Get your free consultation with one of our California Employment Attorneys today!