Unethical conduct?

[jimmychoo]

I live in California. I have a claim currently pending before the Labor Board. The Labor Board served a copy of a Notice of Hearing and Complaint to my previous employer via certified mail. My previous employer is a law firm. A few days ago I received a notice from the Labor Board indicating that the envelope was returned to them as being unclaimed and I was instructed to have the documents personally served by a certain date or the hearing would be canceled. Additionally, any costs incurred for service would not be recoverable.

First, I know the procedures for incoming mail in that office. The envelope was not "unclaimed," it was refused and returned. The firm knew where the envelope was coming from and is well aware of the pending claim.

As a law firm, isn't there an ethical duty on their part to accept the envelope being fully aware of the pending claim? Also, why are the costs not recoverable based on their deliberate actions of not accepting the envelope?

 

[mlane58]

First, I know the procedures for incoming mail in that office. The envelope was not "unclaimed," it was refused and returned. The firm knew where the envelope was coming from and is well aware of the pending claim.

You don't know this for a fact. There could be another reason why it went unclaimed.

As a law firm, isn't there an ethical duty on their part to accept the envelope being fully aware of the pending claim?

It would be no more unethical for them as it would be for you not accept a piece of mail, no matter what the circumstances are.

Also, why are the costs not recoverable based on their deliberate actions of not accepting the envelope?

Again, you don't know it was deliberate and that decision is up to the state of California to determine and they already render their stance on that.

 

[jimmychoo]

Thank you for your response. I understand why you responded in the way that you did. However, if you knew how this firm operates you may be would be able to understand. And it's funny that you saw that the State of California has rendered their stance on this...the response I received from the US Labor Board seems to differ from your opinion. But thank you any way. I think I will take the advice of the U.S. Labor Board.

 

[jimmychoo]

I also would like to ask a question to Mlane58....the Labor Board does not send out mail without showing their return address on the envelope. Therefore, what reason would there be for the firm to not accept the envelope knowing there is a claim pending against them. You would think that they would want to protect their interests. If you received an envelope from the Labor Board what reason would you refuse to accept it knowing there was an action pending?

 

[cbg]

Given that the average employer receives numerous pieces of mail from the Department of Labor that have nothing to do with claims filed against the employer, please explain to me how the law firm knew, without opening it, what was inside this particular envelope. Psychics, perhaps?

 

[mlane58]

]...the response I received from the US Labor Board seems to differ from your opinion. But thank you any way. I think I will take the advice of the U.S. Labor Board.

My opinon on what?

I also would like to ask a question to Mlane58....the Labor Board does not send out mail without showing their return address on the envelope. Therefore, what reason would there be for the firm to not accept the envelope knowing there is a claim pending against them. You would think that they would want to protect their interests. If you received an envelope from the Labor Board what reason would you refuse to accept it knowing there was an action pending?

Again, you don't know the circumstances on why it went unclaimed. It very well could be that they refused it, but it doesn't do you any good to dwell on it at this point.