I just got hired on as a Senior Caregiver in California. This role requires a recent TB test, but the agency I got hired on with demanded I pay for it, argued when I brought up California Labor Code, lied about what they thought we were talking about (I think??) and then just told me they wouldn't move forward with me. I believe I was respectful. Please tell me if I'm missing something or is this illegal retaliation? If so, where do I go from here? It seems I can't add images so here is the verbatim transcript:
Keep in mind this is the Executive Director of HR for this agency.
HR: I have you HCA I just need for you to log in to pay the $35 or pay for it on Wednesday when you are here and I can pull up the website for you.
Me: I paid for the HCA application this morning and it says pending on the portal. And yes Wellnessmart works for me, but I believe California labor code requires all pre-employment health screenings to be covered by employers.
HR: The company pays for your drug screen and physical but not the TB test or livescan. If you want those done at Wellnessmart you still can.
HR: Thank you for paying. Correct and we do, but the pre-screening = drug test and physical. Livescans and TB tests are caregivers individual responsibilities to maintain annually for their career in this industry.
Me: I apologize for the multiple emails on this, but what I'm finding is that California Labor Code Section 222.5 prohibits employers from requiring an applicant to pay for any legally mandated medical examination required as a condition of employment, which a TB test would fall under.
HR: It's ok, I'm glad you're asking. TB tests are an industry maintained requirement.
HR: We understand you're questions, and if this isn't for you, it's ok. Let me know how you would like to proceed.
Me: I am committed and I would like to proceed, but I don't feel comfortable bypassing the labor code. Is there anything that can be done or will my job offer be withdrawn unless I pay for the test out of pocket?
HR: [me], we are not bypassing the labor code, we would never do that. As I mentioned, the TB test is a credential that all caregivers maintain. If you choose not to proceed, let me know.
HR: One part I didn't explain to you, we aren't asking you to get a new TB test, we are asking you to provide one that you already have (caregivers maintain TB tests in the home care / healthcare industry) I think you're getting the 2 confused.
Me: Thank you for clarifying what you meant. As this is my first caregiver role, I don't have a recent negative TB test to provide. I will need to get a new one at Wellnessmart, but this would need to be covered by [COMPANY NAME] per Labor Code Section 222.5.
HR: [me], we won't be moving forward, I can't explain it to you any more.