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Running on empty... another ("discount" store) story! California

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  • Running on empty... another ("discount" store) story! California

    Hubby has been on an unpaid suspension/leave 22 normal business days. He has been asked to provide date info for a background check on an issue 12 years old. What are some of his options? My eldest says there are laws about companies not being able to search farther back than 7 or 8 years, that they can not require you to provide any info beyond your name/SS#/DOB... and now she has found something about any suspension can't be longer than 10 normal business days.

    Can he file for partial unemployment?
    Last edited by Betty3; 08-17-2011, 09:00 PM. Reason: remove name of employer

  • #2
    Anyone can always try filing a UI claim. They might not get it, but they can always try. Unpaid suspension per se would not with certainty invalid a claim. If it could, employers would just stop firing people and instead hand out permanent unpaid suspensions that no one comes back from. So it is worth filing the claim. Works or it does not.

    As far as the rest of your questions, I have not heard of any of the "laws" being cited. When someone cites "laws" that no one has heard off, I generally ask them for references that can be verified. I can give you a pointer to the California legal code, but I would not know where to start looking for these so-called laws. I am not saying for certain that these "laws" do not exist, but this is the first I have heard of them, and I hear a lot.
    http://www.leginfo.ca.gov/calaw.html
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      thank you

      thank you. I'll look into these reports of laws and maybe can provide some linx for them.

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      • #4
        My eldest says there are laws about companies not being able to search farther back than 7 or 8 years, that they can not require you to provide any info beyond your name/SS#/DOB... and now she has found something about any suspension can't be longer than 10 normal business days.

        Your eldest is incorrect. An employer can do a background check to the date of conception if they wish to (and even further, if they need to look into family history. Top secret security clearances might require that, for example.) Additionally, an employer can suspend an employee for as long as they wish to - years, if they feel like it.

        I suggest your husband provide the information requested. At the very least, he's going to stay on suspension until he does. At worst, the employer will get tired of his refusal/failure to provide the information and terminate him.

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