American Corporate Security v. Su
Paul Thomas filed a complaint with the Labor Commissioner, claiming that he was fired from his job at plaintiff American Corporate Security, Inc. (ACS) in retaliation for asserting his rights under the Labor Code. Defendant Labor Commissioner investigated the complaint and found reasonable cause to believe there was a violation. The Labor Commissioner, however, did not issue her determination until over three years after Thomas filed his complaint. Labor Code section 98.7 requires the Commissioner to give notice of the determination “not later than 60 days after the filing of the complaint.†(Lab. Code,[1] § 98.7, subd. (e).) ACS petitioned for a writ of mandate to order the Labor Commissioner to retract the determination and order for remedial action.
ACS appeals from an order of dismissal after the demurrer of defendant Labor Commissioner was sustained.[2] ACS contends it was an abuse of discretion to sustain the demurrer because it has no adequate remedy at law to challenge the Labor Commissioner’s procedural unfairness, including the failure to complete the investigation within 60 days as required by statute. As we will explain, ACS has an adequate legal remedy because it can raise these points in defense to the Labor Commissioner’s action to enforce her order. Accordingly, we shall affirm.
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