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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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I was working in California as a full time temporary employee.

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I was working in California as a full time temporary employee. I got injured outside of work. The city job I was working didn't take out CA disability insurance. What do I do now?
Hello and welcome,

Do you know why the employer did not withhold SDI from your check? Was it an oversight?

Customer: replied 4 years ago.

They told me they were not obligated to withhold SDI from temporary employees. I am so screwed. I have already had the surgery and can not go back to work till Jan. It was ACL replacement and repaired meniscus surgery and I work construction all over the States. My local union is in NJ. I just moved here in 2010.


 

Hello again, Jennifer. I believe the employer may be mistaken.

Were you working for the state or a political subdivision thereof?

Customer: replied 4 years ago.


I was working for the City of Roseville in Roseville, CA.

I see.

Temporary workers for state government and their
political subdivisions performing services in the case
of fire, storm, snow, earthquake, flood, or other similar
emergency are not subject to UI, ETT, and SDI but are
subject to PIT withholding.

Unless you fit this limited exception, you would typically be entitled to benefits and I would appeal the decision by the EDD, requesting that the employer be compelled to pay the SDI tax so you can receive benefits.

If you do fall under this exception, you would not typically be entitled to CA disability benefits unfortunately and would need to seek benefits through NJ or the Social Security Administration normally.

You may also qualify for state aid, such as food stamps and medical benefits if you have no income at this time.

Here is a link to their website:

http://www.cdss.ca.gov/cdssweb/PG190.htm

It has been my pleasure to assist you. Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time.

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Thank you very much and all the best to you,

Tina

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Customer: replied 4 years ago.


Thank you Tina.I was working for a power plant. I don't know what the other deductions are.Can I appeal to EDD to compell them to pay the tax? And does it work? What is PIT?


 

PIT is personal income tax.

If you do not fit within this exception, then you could compel them to pay the SDI tax and I would appeal. However, it would help if you could locate a paralegal or attorney or even a law student at a nearby law school to perform some research on this issue to see whether they can find a case on point that would aid you in arguing that you are not covered by this exception.


It has been my pleasure to assist you. Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time.

Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the REPLY TO EXPERT or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger.

Thank you very much and all the best to you,

Tina

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:

http://www.justanswer.com/law/expert-tina/

Customer: replied 4 years ago.

.Thanks Tina.

You are very welcome, Jennifer.

It has been my pleasure to assist you. Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time. Thank you and good luck to you!

Tina and other California Employment Law Specialists are ready to help you

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