How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask socrateaser Your Own Question

socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 33376
Experience:  Retired (mostly)
Type Your California Employment Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

In 1995 EDD did an audit on my small business for years 1992/1993

Resolved Question:

In 1995 EDD did an audit on my small business for years 1992/1993
I had used services of couple of indepandant contractors and issued 1099.
EDD reclassified them as an employees and wanted me to pay payroll taxes.
If I pay the principal amount only w/o interest and penalties.
Can I appeal to the board and have thenhearing scheduled, so I can present my case.The contractors I used actually were other small businesses.
EDD told me that I have to pay in full, but I read somewhere on line that they operate quarterly and each quarter I suppose is a separate time unit and thierfore I should be able to appeal for that period of time.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Fran-mod replied 2 years ago.
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 2 years ago.
Yes I still need help
Expert:  Fran-mod replied 2 years ago.
Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly
Expert:  socrateaser replied 2 years ago.
Hello again.

I have spend about 30 minutes scouring the UI Code and the CUIAB regulations and I do not see anything that suggests you must pay the assessment as a condition precedent to perfecting an appeal to the CUIAB. What I do see is that UI Code 1224 makes every ALJ decision final and UI Code 1135 adds a 10% penalty to the assessment if not paid before the 30-day expiaration date on which an appeals petition to the CUIAB is filed.

In other words, if you file the petition before the 30-day expiration, then the ALJ decision is not final and no assessment is due.

Note: There isn't a lot of scholarly treatises concerning these administrative actions, and the laws and regulations are hard to find. So, my answer here may be missing something. But, the statutory law preempts any regulation, and my reading of UI Code 1224 seems to indicate that you are not required to pay anything as long as your appeal is filed before the end of the 30-day expiration period.

Please let me know if I can clarify or assist you further.


NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation.

If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!

socrateaser, Lawyer
Satisfied Customers: 33376
Experience: Retired (mostly)
socrateaser and 2 other California Employment Law Specialists are ready to help you
Customer: replied 2 years ago.

"To Socrateaser"

 

I think I may have not expressed myself clearly

I am talking here about 1995 assesment which I never received

I filed petition just now because i just learned about the case now in

Sept 2011 and the judge desided it was not timely petition

but I can still appeal if I pay in full.

My question is if I pay the original amount from 1995 not including pennalty and taxes can I still appeal

Expert:  socrateaser replied 2 years ago.
Are you talking about appealing to the CUIAB or to the Superior Court?
Customer: replied 2 years ago.

in order for me to appeal to CUIAB they wanted 1st to hold the hearing if my appeal was timely. The ALJ says it is not and I appealed his decsn to the board and now awaiting for thier reply. If they say no them my options are to pay in full and appeal to them again or togo to superior cort and ask the judge to oredr them to hear my appeal.


My question is : Can I only pay them a principal amount of the original assesment from 1995 w/o interest and pennalties and appeal to them CUIAB like I am appeling for separate quarter/period only, because this is how they have thier statements brocken down by quarters.


Once I am able to get to them and hear me out , I am pretty sure I can argue the contractors were contractors not employees and then it will be the same for the entire liability that they made up.

Expert:  socrateaser replied 2 years ago.
in order for me to appeal to CUIAB they wanted 1st to hold the hearing if my appeal was timely. The ALJ says it is not and I appealed his decsn to the board and now awaiting for thier reply. If they say no them my options are to pay in full and appeal to them again or togo to superior cort and ask the judge to oredr them to hear my appeal.

A: That's what I thought, but I wanted to make certain we were both on the same page.

My question is : Can I only pay them a principal amount of the original assesment from 1995 w/o interest and pennalties and appeal to them CUIAB like I am appeling for separate quarter/period only, because this is how they have thier statements brocken down by quarters.

 

A: No. The reason why is because all of these issues arose from the "same transactions or occurrences." When you bring an action to the Superior Court, there is a hard and fast rule that you cannot break up the action into little bites. You have to sue on the whole "bundle of rights" or you waive the right to sue on the claims you choose not to make (legally termed the doctrine of "res judicata" -- "already adjudicated"). So, if you make a part payment, then you are telling the court that your case is only about that portion of the claim, and that you are committing to pay the rest, because you cannot ask the court to consider that amount in its judgment.

 

Please let me know if I can clarify or assist you further.

NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation.

If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!

Customer: replied 2 years ago.
To SocrateaserSo the way I undertstand your answer is that I need to wait for the CUAIB to rule in favor of EDD and then just take that to superior court , instead of paying the liability EDD and then try to request a refund and deal with CUSIB again.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    912
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    912
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    827
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    320
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3098
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    20
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.