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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5131
Experience:  Extensive experience representing employees and management
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RA-JM

Customer Question

I was just fired and did not get a copy of the booklet, For Your Benefit - California’s Programs for the Unemployed, DE 2320 from my director. This seems to go against The UI Code, Section 1089. I know its a misdemeanor to not give a copy, but what does that mean? Does that mean I can fine my employer?

The HR rep did supply me with a single page copy of a paper titled "NOTICE TO EMPLOYEES UNEMPLOYMENT INSURANCE BENEFITS", in the bottom left corner tagged as DE 1875D Rev. 16 (9-07) (INTERNET)

What are my options given this circumstance?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.

Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

As you correctly stated, violating California Unemployment Insurance Code Section 1089 is a misdemeanor. And it does appear that not giving you the DE 2320 pamphlet violates those rights:

 

http://www.edd.ca.gov/payroll_taxes/Required_Notices_and_Pamphlets.htm

However, just like all other crimes (misdemeanors and felonies) they can only be prosecuted by a government prosecuting agency (not a citizen or employee). You can and should report the violation to EDD, but it would be within their discretion whether to go forward with charges against your employer (which would likely be filed by the attorney general).

Due to how underfunded and overworked both offices are, I regret to tell you that prosecution is unlikely for this offense, but it is possible that you could get some fine amount from them in lieu of prosecution. The prosecution is the only one that could levy a fine on your employer and then determine if it would require your employer to pay you anything for the violation of law (normally on top of the fine, which would likely go to the EDD). But, as I mentioned, there are tons of misdemeanors in California (including a crime for killing a bird in a cemetery) that are hardly ever (or never) prosecuted, and, unfortunately, this is one of those crimes.

You could file suit directly against your employer for this violation in civil court as well. The problem, however, would be proof of damages from their failure to provide you with the pamphlet. If it had resulted in you not knowing about unemployment benefits and failing to file in a timely manner, then you would have damages against your former employer, but if it's only been an inconvenience and you filed for benefits (and found the information out for yourself), it's unlikely you would get much if anything from your former employer.

All that said, since this is a small claims case, you may want to file suit yourself, since the filing fees are very low and you may be able to get a judgment (or possibly a settlement) in your favor.

I hope the above information is helpful.

Please let me know if you have any follow up questions.


Expert:  Joseph replied 1 year ago.
Hello Jason,

I noticed that you viewed my answer but did not leave a positive rating.

Is there any additional information I can provide you with or any follow up questions I can answer for you?

Please only rate my service when you are completely satisfied (as I noticed that the last time I answered a question for you, you only rated my service as OK). Also, please remember to rate on the quality of the services provided, not based on whether the answer was what you wanted to hear or not.

Thanks and best of luck!
Customer: replied 1 year ago.
Relist: Answer quality.
What are my options and how do I go about them?
Expert:  Joseph replied 1 year ago.
I'm going to opt out in favor of another expert since you have an issue with the 'quality' of my reasponse. Although I did fully inform you of what your options are (and aren't), what you can do and the likely result. In all reality, this is a 'crime' that likely occurs hundreds, if not thousands of times a day and is never prosecuted, as I mentioned above.
Expert:  Wendy-Mod replied 1 year ago.

Hi, I am a moderator for this topic. It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Wendy

Expert:  Joseph replied 1 year ago.

Hello Jason,

 

I'm very sorry to see that you rated my service as 'bad,' as obviously it was not 'bad;' it was responsive informative and complete; it was just not what you wanted to hear, and then you appear to have retaliated against me for informing you of this. I realize you're in a tough and uncomfortable situation with your former employer, having been treated unfairly and being unjustly terminated. But please know how unfair it is to misplace your feelings onto someone who's trying to help and can only answer what you ask, and cannot make up things just to make you happier about the information being provided.

 

That said, please let me know what additional information you need or what additional questions I can answer for you to possibly make you change your feedback rating?

 

I thought your options were pretty clear, but I could number them for you or try to rephrase them? I'm kind of at a loss as to why you didn't understand them in the first place, so please try to make clear what it is you need and why you possibly actually found my service 'bad.'

 

As I wrote to you in the first response, it's very unfair for you to take out things on an attorney who is sincerely XXXXX XXXXX help you and can only inform you about the status of the law and its enfrocement, not what it should be, or what he and you want it to be.

 

I try to provide the best customer service possible on this site, and the vast majority of customers are very happy with my services, so I would hate for your misplaced negativity to count against me and prevent me from assisting other (more grateful) customers with their legal issues in the future. (Whether or not I tell them good or bad news).

 

Thanks again,

 

Joseph

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