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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27889
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

Customer Question

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?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.

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.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

You may reply back to me using the Reply to Expert link if you have additional questions.

Please understand that I have no control over the how the law impacts your particular situation. Please also keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

I wish you the best in your future.

Doug


LawTalk, Attorney
Satisfied Customers: 27889
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and other California Employment Law Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.

Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

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-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It would be tremendously appreciated.

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