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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 34914
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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We want to implement workshare but some of our workers might

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We want to implement workshare but some of our workers might have cloudy immigration status. We use ADP and do everything by the book as far as with-holdings and so on but we don't legally have a requirement to use everify or investigate their soc sec numbers. Can they access use the CA Workshare system without proving their immigration status is good?

Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

While there is a pending bill before the legislature granting unemployment benefits to a select group of undocumented workers, the benefits are not legally payable to the workers now.

Because of that both you and these workers incur a significant risk if you establish a workshare program with EDD and try to include your undocumented workers in the program.

Because the determination of citizenship/alien status is normally a part of the initial claims-establishment process for unemployment benefits, you would be best to avoid the workshare program based on your suspicions.

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