(AB 2751) - Effective January 1, 2015, Labor Code section 1024.6, states in part: “An employer may not discharge an employee or in any manner discriminate, retaliate, or take any adverse action against an employee because the employee updates or attempts to update his or her personal information based on a lawful change of name, social security number, or federal employment authorization document….” The practice of firing and re-hiring may be considered retaliation, if it has an adverse effect, and the employer may face a penalty of up to $10,000+ or suspension of its business license for a period of time
Employees who have been retaliated against for requesting to update their employee file with their new social security number or to fix their name can file a claim with the Labor Commissioner. Remedies may include reinstatement, lost wages and benefits and other penalties. This includes immigrant workers.
REQUEST IN WRITING: to be able to file a claim you must have evidence of your request to your employer. Whenever possible, present this request in writing. Feel free to use our sample letter and mail or email the letter so you have a record that it was sent and when it was sent.