Chapter 4. Reemployment Privileges of California Labor Code >> Division 2. >> Part 3. >> Chapter 4.
Any person, or agent or officer thereof, who, after having
discharged an employee from the service of such person or after an
employee has voluntarily left such service, by any misrepresentation
prevents or attempts to prevent the former employee from obtaining
employment, is guilty of a misdemeanor.
Except as provided in Section 1057, any person or agent or
officer thereof, who requires, as a condition precedent to securing
or retaining employment, that an employee or applicant for employment
be photographed or fingerprinted by any person who desires his or
her photograph or fingerprints for the purpose of furnishing the same
or information concerning the same or concerning the employee or
applicant for employment to any other employer or third person, and
these photographs and fingerprints could be used to the detriment of
the employee or applicant for employment is guilty of a misdemeanor.
Any person who knowingly causes, suffers, or permits an
agent, superintendent, manager, or employee in his employ to commit a
violation of sections 1050 and 1051, or who fails to take all
reasonable steps within his power to prevent such violation is guilty
of a misdemeanor.
Nothing in this chapter shall prevent an employer or an
agent, employee, superintendent or manager thereof from furnishing,
upon special request therefor, a truthful statement concerning the
reason for the discharge of an employee or why an employee
voluntarily left the service of the employer. If such statement
furnishes any mark, sign, or other means conveying information
different from that expressed by words therein, such fact, or the
fact that such statement or other means of furnishing information was
given without a special request therefor is prima facie evidence of
a violation of sections 1050 to 1053.
In addition to and apart from the criminal penalty provided
any person or agent or officer thereof, who violates any provision of
sections 1050 to 1052, inclusive, is liable to the party aggrieved,
in a civil action, for treble damages. Such civil action may be
brought by such aggrieved person or his assigns, or successors in
interest, without first establishing any criminal liability under
Every public utility corporation shall, upon request by any
employee leaving its service, give to such employee a letter stating
the period of service and the kind of service rendered to the public
utility corporation by the employee.
Every public utility corporation violating Section 1055 is
guilty of a misdemeanor punishable by a fine of not less than fifty
dollars ($50) nor more than two hundred dollars ($200) for each
offense, which fine shall be collected by the district attorney of
the county in which the public utility corporation has its principal
place of business.
Section 1051 shall not apply to any employee of a diversified
or nondiversified management company, as defined in Section 80a-5 of
Title 15 of the United States Code, and the affiliates thereof, as
defined in Sections 80a-2(a)(2) and 80a-2(a)(3) of Title 15 of the
United States Code, who is required to be fingerprinted pursuant to