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Question

Hello, If a company does not carry workers compensation insurance and has a claim against the company that is fraud, how does one handle such a claim? We don't have the insurance, but the claim itself is without merit. A "helper" was let go due to bad attitude, and this helper claimed she would "get even" with us for letting her go. She therefore filed a workers compensation claim but never reported an accident to anyone until AFTER being asked to go. We are 1005 sure the claim is false and yet not sure how to defend the claim or exactly how to answer the request for documents. She originally provided copies of her business license and workers comp insurance which then we allowed her to help us during a busy time (just before Thanksgiving). Upon learning she submitted fraudulent proof of self employment is when we let her go. Thank you...

Submitted: 347 days and 1 hours ago.
Category: Employment Law
Value: $30
Status: CLOSED
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Optional Information

Murrieta, California

Already Tried:
This is my first attempt to find out what my choices are regarding this issue. This person also went to buy a vehicle and used our company to claim employment. We declined such a relationship with the dealers in which she applied for a loan. It turns out the papers she used upon us agreeing to let her help us were fraudulent. We learned later from one of our maids, that she and her husband fake falls in department stores just to get compensation. Our maid is willing to sign a declaration or do sworn testimony to this fact. Also, this person was never left alone to work, and always had another worker with her, and the other maid, said she NEVER fell at the work place.
We are hoping to file fraud claims against her for submitting false information to us, and the auto dealerships.
We are hoping not to have to provide any documentation regarding our relationship with her as she was never an employee, and only helped us for 2.5 weeks at a busy time.
We want to object to the production of documents request based on the above statements. All we have are her copies of insurance and business license and copies of 3 checks we wrote to her for her help.
Thanks again...
ROn

Posted by INFOLAWYER 347 days and 1 hours ago.

Answer

You would need to defend the claim she is commencing against you if brought in court. Not carrying workers comp is quite serious and carries penalties so you should have that corrected immediately independent of this issue.

347 days and 1 hours ago.

Reply

IMportant note.

We enlisted her service based on her providing a business license and workers comp of her own. It turns out it was faked information. When we told her we could not let her work for us unless she had these items, she produced them and we assumed them to be correct.

The answer to this question is information I already know.

 

What I need to know is what our rights are now.

All we can provide are copies of 3 checks written to her, and the fake documents she provided to get work from us.

She is claiming employment which there was never an employment contract, nor is there proof she fell at one of our homes we clean. Another maid was in her presence at all times and is willing to testify to this fact. The claim is purely revenge for us letting her go, upon finding out she supplied fraudulent papers to us.

 

We are in the process of correcting the Insurance issue now.

Posted by INFOLAWYER 347 days ago.

Answer

As she is not your employee and defrauded you in seeking work from you, those are your 2 lines of defense to raise in response to a potential suit.   The fake documents would be helpful as well including witness testimony as to her misrepresentations.   

347 days ago.

Reply

We have a request for all documents pertaining to her "employment" from the state of california. There is a provision to object. Do we object and send along her fraudulent documents? Or just object?... that is, send the request back siting our reason for objecting, misrepresentation and fraud?

 

This is really what I need help with!

 

Posted by INFOLAWYER 347 days ago.

Answer

You should object and narrate your reason for objecting, preferably by affidavit with reference to documents you are relying upon.

347 days ago.

Reply

So don't send the actual documents at this point but only cite which documents are are prepared to use for proof?

This answer will conclude my questions. thanks...

Accepted Answer

I would send a copy of the documents as attachments referenced and keep a copy as there may be a hearing on the issue as well.   

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Expert: INFOLAWYER
Pos. Feedback: 95.4 %
Accepts: 
Answered: 12/11/2008

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