Legal Question in Legal Ethics in California

Employer forcing Employees to Break Law with threat of Firing

Please help us!! My employer is forcing us to break Californai Civil Code 1747.08. Which states that no (business) may copy down information from a customer's identification during a credit card transaction if the card is present. None of the employees feel comfortable doing this but the employer keeps check on us to make sure we continue doing this illegal documentation. I don't know who to report this to. Should I call the police? How can I be forced to break a law by my employer? State laws always supercede any personal policy. What recourse do we have as employees? Many thanks!!!


Asked on 9/13/07, 1:56 pm

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Employer forcing Employees to Break Law with threat of Firing

I assume (by your zip code) that you are in Los Angeles.

The penalty phase of 1747.08 starts with Civil penalties enforced by the Attorney General, plus the District Attorney (criminal) and City Attorney (Civil).

Since I do not practice in L.A. County, I am not sure how responsive the D.A. and/or City Attorney might be, but I have had occasion to deal with the A.G.'s office in Sacramento. I have always found the the A.G. to be very responsive to the complaints of our citizens, and suggest you begin with them.

I am enclosing a link to the A.G.'s website, which includes the "contact us" that is familiar on so many websites.http://ag.ca.gov/ag/index.php

I think you will find that they will give you the answers you are seeking.

Please feel free to e-mail me, or call, if you need more, and I would be very interested to hear your feedback as to resolving this matter.

I "read between the lines" that you are very uncomfortable about "snitching", and that you need your current job, and I, personally, want to commend you on coming forward and doing the right thing with a difficult decision.

Let me know how it turns out, and thanks for your inquiry.

I learned a long time ago that it is always best to "do the right thing", even though it might be extremely uncomfortable to do it, and most of us can figure the "right thing" most of the time.

Good luck! Don't forget to keep in touch!

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Answered on 9/13/07, 2:37 pm


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