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  • Day worker issue California

    Hi
    I have two illeagals who I have used over the years off and on as labor, I never had a business but used them to help me with handyman work, I now have a corp and a contractors licence, I only used one of these gentlemen for two weeks for my new corp. one day this guys falls down on a carpeted and padded floor and hurt his wrist, I took him to urgeny care paid the bill with cash and called my wc carrier, she told me that since he was illeagal he was not covered and would have to pay cash for his damages. I took bags of food to his house and a few hundred dollars, he demanded I pay his rent and wages while he was hurt,
    I do not have funds for that and said no, now he and his cousin who had previously worked for me the year before, has filed a claim saying I owe them 32 days ea at 100.00 a day in back wages. they nor I have no proof as they have been paid cash when they worked,
    they called one of my employees and ask him to join in thier lawsuit and purger himself for them and get money from me. In the past this same guy has asked me to sign docs so he could get medicare when he was sick and I refused, they think this is a entitlement they deserve.
    This should be dissmissed by the fact that they are filed against a new corp that they did not work for long enough or at all,
    I have quit using temp labor since then. I now hire labor ready for those jobs they come insured.
    What can happen if its my word against thiers?
    thanks
    B

  • #2
    FYI, worker comp should cover all employees including undocumented worker, and they can also file wage claims, they have rights as regular employee but with few exceptions.

    Comment


    • #3
      Your word against theirs, theirs will likely prevail. Guess you learned your lesson because now not only will you get stuck for this you will likely get in trouble for hiring undocumented workers.

      Comment


      • #4
        Originally posted by christamcd View Post
        Your word against theirs, theirs will likely prevail. Guess you learned your lesson because now not only will you get stuck for this you will likely get in trouble for hiring undocumented workers.
        Agree. There were just so many things wrong with what this question revealed, I didn't want to touch it.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment


        • #5
          With the amount of $ i would definitely see a lawyer and/or private investigator.

          They may be independent contractors, it may be fraudulent... etc
          I have been interested in employment rights for some time, however I am not a lawyer. Always consult with an attorney, as they are more knowledgeable.

          Comment


          • #6
            California labor law attorney

            Originally posted by rainforestproj View Post
            Hi
            I have two illeagals who I have used over the years off and on as labor, I never had a business but used them to help me with handyman work, I now have a corp and a contractors licence, I only used one of these gentlemen for two weeks for my new corp. one day this guys falls down on a carpeted and padded floor and hurt his wrist, I took him to urgeny care paid the bill with cash and called my wc carrier, she told me that since he was illeagal he was not covered and would have to pay cash for his damages. I took bags of food to his house and a few hundred dollars, he demanded I pay his rent and wages while he was hurt,
            I do not have funds for that and said no, now he and his cousin who had previously worked for me the year before, has filed a claim saying I owe them 32 days ea at 100.00 a day in back wages. they nor I have no proof as they have been paid cash when they worked,
            they called one of my employees and ask him to join in thier lawsuit and purger himself for them and get money from me. In the past this same guy has asked me to sign docs so he could get medicare when he was sick and I refused, they think this is a entitlement they deserve.
            This should be dissmissed by the fact that they are filed against a new corp that they did not work for long enough or at all,
            I have quit using temp labor since then. I now hire labor ready for those jobs they come insured.
            What can happen if its my word against thiers?
            thanks
            B
            the burden is on you to disprove their allegations since the time keeping requirements lie with the employer. In the absence of time keeping records, they will use the reasonable estimate of the employee.
            Walter

            www.California-Labor-Law-Attorney.com
            "Wage and Hour Class Action Attorneys"

            Disclaimer: The above correspondence does not constitute legal advice nor establish an attorney-client relationship. You should seek the advice of independent legal counsel before relying upon, acting upon or not acting upon any information contained in this correspondence.

            Comment


            • #7
              California labor law attorney

              Workers comp premiums and coverage in the eyes of the insurer at least are based upon payroll reported from the DE-3 form.

              Originally posted by Droopy128 View Post
              FYI, worker comp should cover all employees including undocumented worker, and they can also file wage claims, they have rights as regular employee but with few exceptions.
              Walter

              www.California-Labor-Law-Attorney.com
              "Wage and Hour Class Action Attorneys"

              Disclaimer: The above correspondence does not constitute legal advice nor establish an attorney-client relationship. You should seek the advice of independent legal counsel before relying upon, acting upon or not acting upon any information contained in this correspondence.

              Comment

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