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  • Employment history disclosure: California

    Hi everyone,
    First, thank you, in advance, for taking the time to read this post and offer any suggestions that could help me. I really appreciate it.

    Okay, I worked for an employer that is an ex-police officer. I was hired as a graphic designer to create a catalog and website, and various other forms, letterhead, logos, advertisements, etc.... This company is actually two companies in one, both incorporated.

    About 2 months into the job i began to get the impression that at some point after i had completed the owners agenda, i would be laid off.

    3 months into the job, I was told to fill out new tax information, under another company in the same corporation. When I refused, they "fired" me and offered me a job with the other company. Realize that absolutely nothing changed except the check issuer. I continued the same work, sat at the same desk, had the same responsibilities, worked the same amount of hours at the same scheduled times.

    So another three months went by and then they fired me, like i had forseen.

    Since then, i've appled for unemployment and been denied, from what i assume is the legal "evidence" that i only worked three months at both companies. Since then, the employer will not help me with any hire/fire dates for either of the companies, or the corporation.

    So here's my questions:
    a) Is there a law that would require the employer to supply the hire and fire dates of each company, or the corporation?
    b) How would i go about proving that my job was the same (in the same location, etc...) with both companies and that they are both owned by the same person, incorporated?
    c) Is it legal to "doctor" the books like this?
    d) Does it even effect my previous employer if i receive unemployment?

    Anyway, I appreciate any help that anyone could provide on this matter.
    Thank you!

    EDIT: btw, the physical address of each company is 2 digits apart from each other, however, the wall between the two locations was removed, so physically it is one location with two addresses.
    Last edited by nevery; 04-21-2009, 09:48 PM.

  • #2
    1. No, not specifically. However, you do have the right to review your personnel file. Request that from the employer.

    2. Why is that an issue?

    3. What "doctoring"? The employer gets to decide which of their two companies employs you.

    4. Depending on circumstances, your most previous employer can have his unemployment tax rate increased in the following year if he is determined to have been a "chargeable" employer. However, that should not be an issue you are concerned about.

    Use the company name on your paystubs or W-2. From the timeline, it sounds like you should have a W-2 from the "first" company with that company's tax IDs.

    Were you denied because the state said you did not have enough wages in the base period? Did you have wages in the 7-12 months previous to starting employment with the first company? Have you appealed yet? You have a very short window in which to do so.
    Last edited by Pattymd; 04-22-2009, 04:16 AM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Thanks for the first answer. I just figured out that i actually worked 5 months the second time.

      Originally posted by Pattymd View Post
      2. Why is that an issue?
      I was told that in CA, you need to have more than three months before consideration for unemployment.

      Originally posted by Pattymd View Post
      3. What "doctoring"? The employer gets to decide which of their two companies employs you.
      answered in the last response.

      Originally posted by Pattymd View Post
      4. Depending on circumstances, your most previous employer can have his unemployment tax rate increased in the following year if he is determined to have been a "chargeable" employer. However, that should not be an issue you are concerned about.
      Thank you.

      Originally posted by Pattymd View Post
      Use the company name on your paystubs or W-2. From the timeline, it sounds like you should have a W-2 from the "first" company with that company's tax IDs.
      Hmmm... I will have to check. Thank you.


      Originally posted by Pattymd View Post
      Were you denied because the state said you did not have enough wages in the base period? Did you have wages in the 7-12 months previous to starting employment with the first company? Have you appealed yet? You have a very short window in which to do so.
      Self-Employed. so, yes?

      I got a piece of paper in the mail that said denied, but had no reason for it. I figured that it was because of the three month thing. It might have been because my end date was wrong.... I truly don't know.

      I have not appealed and it's been a while. I figured that I would just re-apply once I gather all the information and verify it.

      Thank you again for your help!
      Last edited by nevery; 04-22-2009, 08:50 AM.

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      • #4
        would you happen to know the code for the law requiring the employer to provide access to my personal file?

        thanks!

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        • #5
          CLC 1198.5.
          http://www.leginfo.ca.gov/cgi-bin/di...file=1171-1205
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            Self-employment earnings are not generally UI reportable. Did you pay yourself a salary and pay UI taxes on that salary? If not, you were probably found to be financially ineligible.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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