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I was issued a citation in regards to workers compensation.

I was issued a citation...
I was issued a citation in regards ***** ***** compensation. I wasn't aware of the need to have one and now I can't afford to provide one and the State told me that my case is about to go to the DA. What is the best thing I should do?
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Answered in 14 hours by:
6/22/2017
Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 34,389
Experience: Employment Law Expert
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Before we get started on the question I just wanted to let you know that I severely injured my right arm a couple of week ago so some of my answers may be shorter than normal, but still complete, and there may be typos or other small issues. It also takes me a little longer to hunt-and-peck using just my left hand so please bear with me.

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I don't understand what you are asking. What type of citation and what was it for?

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Customer reply replied 11 months ago
Its a citation for not providing worker's compensation.

I've never heard of failure to provide workers compensation a criminal offense. What state are you in?

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Customer reply replied 11 months ago
California. I can't come up with the money due to the fact that I only have one employee working 32 hours a week.

The statute you provided doesn't match the description you gave. The statute only covers those business that have been issued a Stop Order by the state and refuse to obey it (in other words they continue working the employee without workers compensation despite being told not to). Is this what occurred with you?

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Customer reply replied 11 months ago
No. My employee stopped working for me and got hired directly by the client. I still work for my own client under my agency though

Were you issued a Stop Order?

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Customer reply replied 11 months ago
But I thought I am not included with the stop order. This client just issues checks under my agency just because I own it.

You may not like this answer but the simple facts is if you hire an attorney you can likely get this handed where it doesn't appear on your record. Since it is a misdemeanor, it is a criminal offense, and, in theory, if you are convicted it could prevent you from getting jobs in the future.

As to your last statement, if a Stop Order is issued, at least the ones I've seen, they don't have qualifiers on them "such as the Stop Order only applies if you have an employee working for you and not if you are working the job yourself". Therefore, technically, if the language wasn't that specific then you were in violation. There were ways you could have handled the Stop Order and had it removed but not at this point.

You can try to work out a deal yourself but unfortunately, to explain it away you're basically going to have to admit you did it and those remarks can be used against you by the DA. So if a deal is not reached you no longer have a defense. That is the reason I suggested a lawyer, whatever they say to the DA isn't admissible against you.

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Customer reply replied 11 months ago
How long do I have before it gets to the DA? Do I still have time to hire an attorney right now?

Yes, even if it is already in the DA's office they still have to send you notice, schedule court dates, etc. But, the earlier you get an attorney the more likely the can get you a better deal.

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Customer reply replied 11 months ago
How do they know I am still working?
Customer reply replied 11 months ago
Will it be resolved if I provide a workers comp insurance?

The state has investigators who watch for this kind of thing. They may video or take photographs of you doing the work or at a work site, they can subpoena your bank records to show you are being paid by someone, or anything else they chose to do in their investigation. Obtaining workers compensation will probably not do anything with the case that is currently pending. But talk to your lawyer because they may want you to get it and then they can use that as an argument point with the DA.

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Customer reply replied 11 months ago
Thank you so much

You are very welcome and I wish you the best.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 34,389
Experience: Employment Law Expert
Verified
Dwayne B. and 87 other Employment Law Specialists are ready to help you
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Thank you very much for allowing me to assist you. While the answers I give can't always be "good news", since the law can't always be favorable to everyone, I do strive to be as accurate as possible and to answer any follow up questions to the best of my ability.

You may receive a survey of some kind in the next day or so regarding your experience here at JustAnswer. Please be advised that I am responsible for the content of my answers but not with the issues of website performance or anything other than the answer. I hope that you will consider issuing a Positive Rating regarding my service to you so that I can continue helping others.

If I can ever provide assistance to you in the future please feel free to ask for me by starting your new question with "FOR DWAYNE B ONLY" and I will pick up as soon as I see the question.

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