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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37855
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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We have an EDD audit coming up and in reviewing our employee

This answer was rated:

We have an EDD audit coming up and in reviewing our employee files, we noted that we had fired an employee, during the years that the audit covers, who was using a false SS# ( a valid number that didn't belong to our "legal" employee...hence proved that our employee was an undocumented employee)...will this be an issue...should we have verified the veracity/legitimacy of the SS #?

Good afternoon Ken,

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

EDD is only interested in whether you paid the premiums and taxes that you should have paid.

While you perhaps should have caught the fact that the employee was using a bad SSAN, it is not going to effect your audit. Even undocumented aliens who work and are paid wages---under CA law---are entitled to unemployment insurance, workers' compensation and withholdings/FICA paid by their employers. So the fact that you paid is good, and I don't see where you will have any concerns along those lines with an EDD audit.

You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,


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Thank you for your positive rating of my service, Ken. 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.

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