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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 36392
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I was recently terminated from my job. I was working as a

Customer Question

I was recently terminated from my job. I was working as a veterinarian technician for 3 months when the owner/Dr. called me and told me she had received and I got a wage garnishment form and info in the mail from the franchise tax board. I told her I would call them and take care of it . While looking at the paper work they sent I noticed that it had listed exactly who I owed and the case numbers for five felony cases I had including the title i.e,, the Department of Corrections. Then a couple of days later she told me her book keeper noticed these must be felonies and she was going to have to let me go. Now my question is did the collection agency make a mistake sending all that information to my employer?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.

Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Had this been any other kind of creditor who sought to garnish your wages, and not the State of California, the information you refer to would not have been included in the garnishment paperwork. But the state used all of the information to cross check and prove that you were the person owing the debt.

It was not illegal for the collection arm of the state to submit all of the information to your employer unless you had previously had some or all of the convictions/charges expunged. And because there was a legitimate basis for including the information with the garnishment order, you would not be able to sue the collection arm of the state for Invasion of Privacy. I would expect that all of the information on the paperwork was public information to begin with and so there is not likely any issue for you to file suit over.

It is not illegal in CA for an employer to discriminate against an applicant or an employee based on their conviction of any felony, and consequently there doesn't appear to be any mistake or wrongdoing that would allow you to recover your job, or to sue someone over the disclosure of the information. I am sorry.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

Would you please take a moment to positively rate my service to you based on the understanding of the law I provided by clicking on the rating stars---three stars or more. It is that easy. That is the way I am compensated for having helped you.

Thank you in advance. I wish you the best in your future,

Doug