(a) If a jobseeker paying or becoming obligated to pay a fee, or making a deposit on a fee for placement fails to accept employment, the employment agency shall, upon request by the jobseeker, repay the amount of the deposit or fee to the jobseeker. Unless the deposit is returned within 48 hours after request, the employment agency shall pay to the jobseeker an additional sum equal to the amount of the deposit. A notice to this effect shall be inserted in all contracts between the agency and the jobseeker, and in all receipts given to the jobseeker for cash payment in advance of employment, and in the schedule of fees posted in the office of the agency.
(b) (1) All employment provided by any employment agency to any jobseeker from whom a fee is to be received shall be considered permanent only if it lasts longer than 90 days. If a jobseeker leaves the job or is discharged within the first 90 days of employment, the agency shall make a refund or reduction of the fee to the temporary fee amount unless the agency’s fee schedules, contracts, and agreements specifically provide for a further charge if the jobseeker leaves employment without just cause or is discharged for misconduct in connection with his or her work.
(2) “Just cause” or “discharge for reasons other than misconduct” includes, but is not limited to, the following:
(A) Wages or salary less than that agreed upon between the jobseeker and the employer.
(B) Receiving a payroll check which is not honored by the bank upon which it was drawn.
(C) Working hours, working days, or working shifts significantly different than those agreed upon between the jobseeker and the employer.
(D) Receiving a work assignment, subsequent to accepting the job, which is substantially different from that agreed upon between the jobseeker and the employer.
(E) Being assigned to a job location different from that which was agreed upon between the jobseeker and the employer.
(F) The jobseeker’s lack of physical ability to perform duties connected with the position agreed upon between the jobseeker and the employer unless the provisions of subparagraph (E) of paragraph (3) apply.
(G) A lockout or strike causing loss of pay.
(H) The jobseeker’s lack of physical ability to perform duties connected with the position unless the provisions of subparagraph (E) of paragraph (3) apply.
(J) The jobseeker’s entry into active service in the armed forces.
(K) Physical or economic destruction of the business.
(L) The death of the jobseeker (any refund in that case shall be paid to the estate of the jobseeker).
(3) “Lack of just cause” or a discharge for “misconduct” includes, but is not limited, to:
(A) Abandonment of the job by the jobseeker.
(B) Conviction of the jobseeker, subsequent to employment, of a crime when conviction temporarily or permanently prevents the jobseeker from fulfilling the terms of employment.
(C) Willful violation of lawful company policies or rules by the jobseeker.
(D) Willful failure to perform lawful duties appropriate to employment by the jobseeker.
(E) Acts of the jobseeker constituting misrepresentation or withholding of information directly related to education, work experience, responsibility, physical ability, or training, that would have caused the employer to refuse employment.
(c) (1) Except as otherwise provided in subdivision (a), a refund when due shall be made within 10 working days after request therefor from the jobseeker.
(2) Alternatively, if the decision of the agency is not to make a refund, the agency shall notify the jobseeker in writing, within the 10-day working period specified in paragraph (1), as to the specific reasons why the refund is not being made.
(3) If the agency fails to properly notify the jobseeker pursuant to paragraph (2) or fails to tender a refund within the time allowed, the agency shall be liable to the jobseeker in the amount of an additional sum equal to the amount of the refund.
(Added by Stats. 1989, Ch. 704, Sec. 2.)