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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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Under Calif Labor code 976 it is illegal to run a Newspaper

Customer Question

Under Calif Labor code 976 it is illegal to run a Newspaper add for a Sales Manger, representing a offer of Salary + Commissions yet designed to willfully mislead you to belive you make 10% commissions on Department Sales then Employer says never offered Commissions even though you show them the add looking for Califorina Cases where the Labor Board Enforced Labor Code 976 977 from 2004 to 2011.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Hello and welcome,

It is a violation of the plain language of the code to willfully mislead applicants with regard to the terms of employment.

You don't need a California case law to support a statute, since a statute has more legal binding precedent than a case does.

I would file a complaint with the labor board and allow them to investigate the matter.

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Customer: replied 5 years ago.
That is the problem the Stockton office said they do not enforce Labor code 976 that is why I was asking for Califorina Cases from 2004 to 2010 to force them to do some thing
Expert:  Tina replied 5 years ago.
I see.

What they are saying is that the courts would have jurisdiction to enforce the code then I suspect. There is no way to compel them to enforce it typically.

You would need to file suit if you have been damaged as a result of the false advertisement.

Customer: replied 5 years ago.
That is why asked if there Califorina Cases where the Plaintiff was the Califorina Labor Board in a Labor Code 976 977 case from 2004 to 2011.
Expert:  Tina replied 5 years ago.
Legal research is beyond the scope of this forum and the amount posted for the question as it requires significant time and expense and involves the practice of law, which I cannot do through this forum based on the TOS you and I agreed to. Contact a local paralegal or attorney to perform such research for you.

Thank you.

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