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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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Attorney who would handle labor board of California regarding

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Attorney who would handle labor board of California regarding our business which did not have work comp insurance (yet no claims)

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

Unfortunately, JustAnswer expers cannot represent you in any proceedings, but I'd be happy to answer any question you have regarding your situation.

If not, I can send this to customer service to process a refund for you.
Customer: replied 3 years ago.
We got a visit at our place of business from Calif labor board requesting to go thru our office, and wanted to see our work comp ins. Policy. We did not show them anything and asked them to leave. Now received a letter to appear before labor commissioner to show proof of policy for the last 3 years.
We did not have a policy , only have 3 office employees, but did just go purchase a policy to be effective this week.
Do we need an attorney , what are we up against?
Thanks for the additional information. I'll look into this and get back to you soon.
Customer: replied 3 years ago.
Just checking in
Thanks. It's going to take a little while. Please be patient and wait to respond till I respond to you.
Unfortunately, you can face substantial penalties for failing to have workers’ compensation on your employees in accord with California law. Honestly, the fact that you now have workers’ compensation makes no difference to the current proceedings, as you have been in violation of California law (whether willfully or negligently) for three years now.

(That would be like someone not paying income taxes and then starting to pay them after they are audited. That’s not going to make a difference to the past audit for the IRS).

It is actually a misdemeanor to not carry workers’ compensation insurance on your employees, and each first offense can be punished by a $10,000 fine and up to a year in jail. Atlhough, in all likelihood you will not get a year or even days in jail and would just be given probation, or only the fine.

See California Labor Code Section 3700.5:

3700.5. (a) The failure to secure the payment of compensation as
required by this article by one who knew, or because of his or her
knowledge or experience should be reasonably expected to have known,
of the obligation to secure the payment of compensation, is a
misdemeanor punishable by imprisonment in the county jail for up to
one year, or by a fine of up to double the amount of premium, as
determined by the court, that would otherwise have been due to secure
the payment of compensation during the time compensation was not
secured, but not less than ten thousand dollars ($10,000), or by both
that imprisonment and fine.
(b) A second or subsequent conviction shall be punished by
imprisonment in the county jail for a period not to exceed one year,
by a fine of triple the amount of premium, or by both that
imprisonment and fine, as determined by the court, that would
otherwise have been due to secure the payment of compensation during
the time payment was not secured, but not less than fifty thousand
dollars ($50,000).
(c) Upon a first conviction of a person under this section, the
person may be charged the costs of investigation at the discretion of
the court. Upon a subsequent conviction, the person shall be charged
the costs of investigation in addition to any other penalties
pursuant to subdivision (b). The costs of investigation shall be paid
only after the payment of any benefits that may be owed to injured
workers, any reimbursement that may be owed to the director for
benefits provided to the injured worker pursuant to Section 3717, and
any other penalty assessments that may be owed.

Considering the penalites (including jail time) that can be imposed, you probably would want to hire an attorney, or at least speak to a local one. Although since intent isn’t necessary to prove, the attorney could only lessen the potential penalties, but you’ll definitely be out at least a somewhat substantial sum for failing to carry workers’ compensation insurance for three years on your employees. (In California, all employers with one or more employees must have workers’ compensation coverage)..

I hope the above information is helpful, although I realize it is not what you wanted to hear. I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate an honest and direct answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

Please let me know if you have any follow up or clarifying questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work. (It doesn’t cost you anything extra and is necessary even though you’ve made a deposit). Please also rate me highly (9-10) when you receive your customer satisfaction survey.

Thanks and best of luck!

Customer: replied 3 years ago.
What type of attorney do we need for this?
You need an employment defense attorney (management or employer side).
Joseph and other California Employment Law Specialists are ready to help you