Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I am going to be working as a trainee for an existing window…

Customer Question
Hello, I am going...

Hello, I am going to be working as a trainee for an existing window cleaning company in California. I will be paying the company for this training, I will not be getting paid as an employee. The reason for the training is that I am opening my own window cleaning business. My question is this: Do I need to be covered by workman's comp while I am being trained, or can I have my own business with my own general liability insurance that would cover me and the company that is training me in case I am injured? Thank you for your response. - Matt

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

It is actually a training agreement wherein I will be paying him to train me so that I can open my own business. I will not be getting paid. After the training period I will open my own business and he will refer overflow business to me on a fee split bases.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My overall question is do we need workman's comp to have me covered in the event of injury on a job site that his business is contracted for? Or can I have my own business open with my own general liability insurance and be covered as a sub contractor?

Submitted: 7 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 2 minutes by:
12/4/2017
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 13,470
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a CA licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Ask Your Own Employment Law Question
Customer reply replied 7 months ago

Hello, I am going to be working as a trainee for an existing window cleaning company in California. I will be paying the company for this training, I will not be getting paid as an employee. The reason for the training is that I am opening my own window cleaning business. My question is this: Do Ineed to be covered by workman's comp while I am being trained, or can I have my own business with my own general liability insurance that would cover me and the company that is training me in case I am injured? Thank you for your response. - Matt

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

It is actually a training agreement wherein I will be paying him to train me so that I can open my own business. I will not be getting paid. After the training period I will open my own business and he will refer overflow business to me on a fee split bases.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My overall question is do we need workman's comp to have me covered in the event of injury on a job site that his business is contracted for? Or can I have my own business open with my own general liability insurance and be covered as a sub contractor?

Customer reply replied 7 months ago
no please respond in writing
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Great, thank you! Bear with me a moment while I review…

Ask Your Own Employment Law Question
Customer reply replied 7 months ago
Are you still there?
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

You bet. Slow typer. One moment!

Ask Your Own Employment Law Question
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Ok, thank you very much for your patience. So, if you are going to be a trainee for this company, but you are paying them, then you aren't going to be considered an employee; if anything, you're going to be considered an independent contractor or even just a student or a "member," however they may classify it. So, the answer is no, you won't need to be covered by worker's compensation while you are being trained. You can have your own business with your own liability insurance as well and that should cover you should you get injured while you are training.

What other questions did you have for me today that I can help you out with:-)?

Ask Your Own Employment Law Question
Customer reply replied 7 months ago
Does apply to California?
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Yes, it applies to California. Only if you are an employee are you entitled to some worker's compensation. If your'e not an employee, but just a trainee, then you're not entitled and I'd strongly recommend looking toward getting your own insurance.

Ask Your Own Employment Law Question
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further before you rated. If you have any other questions or if there is anything else I can assist you with today. Please reply here and let me know.

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 13,406
13,406 Satisfied Customers
Experience: Employment/Labor Law Litigation

Allen M., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,406 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I do anesthesia free teeth cleaning for dogs and caam an
I do anesthesia free teeth cleaning for dogs and caam an independent contractor in the State of California.… read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
I'm starting a maid cleaning service in Atlanta georgia.
I'm starting a maid cleaning service in Atlanta georgia. They will be hired as sub-contractors. I wanted to know if i'm allowed to tell them to wear our company shirt and if im allowed to train them.… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
I am a silent partner in an Arkansas business that hired a
I am a silent partner in an Arkansas business that hired a 15 year old. He was severely injured but thankfully has made a full recovery. Our manager hired him without my knowledge. The manager said he… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,526 satisfied customers
I am a cleaning contractor and the company who I work
I am a cleaning contractor and the company who I work for is telling me that if I don't purchase workmans compensation on my own I will no longer have work with them. They pay me with a 1099 at the en… read more
Ray
Ray
Lawyer
Doctoral Degree
33,391 satisfied customers
My husband owns a small business. One of s employees was
Hi. My husband owns a small business. One of his employees was fired last week for poor performance and today we received paperwork from an attorney stating this person is filing a workmans comp claim… read more
John
John
Employment Lawyer
Doctoral Degree
4,029 satisfied customers
I own a small trucking company. I run 3 trucks. I have 3 sub
I own a small trucking company. I run 3 trucks. I have 3 sub contractor driver. They all have signed sub contractor agreements. I also don't have workman's comp insurance as I can not afford it. I hav… read more
RESPONDER9
RESPONDER9
336 satisfied customers
My insurance agent is telling me I need to Complete a ERM-14
My insurance agent is telling me I need to Complete a ERM-14 FORM to be able to get Insurance. I have been working in the construction business (framing) as a sole proprietor for over 18 years now and… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I am in construction a contractor who subs out to a general
I am in construction a contractor who subs out to a general contractor and I do not have any employees and no subs do I need workers compensation insurance and if so why, my works comp has nothing to … read more
Ray
Ray
Lawyer
Doctoral Degree
33,391 satisfied customers
Can I be a self employed business and have general liability
Can I be a self employed business and have general liability insurance without workmans comp and have just one plumber work under my insurance?… read more
A.J.
A.J.
Attorney
Doctoral Degree
1,796 satisfied customers
I work 40 hr week for 1 company who gives me 1099 each year. Been there 7 yrs. I have heal
I work 40 hr week for 1 company who gives me 1099 each year. Been there 7 yrs. I have health insurance through my wife & small LT disability policy. Can the health & disability companies refuse to pay… read more
Loren
Loren
578 satisfied customers
Dear XXXXXph, I am a hotel owner in California, I pay my employees
Dear XXXXXph, I am a hotel owner in California, I pay my employee's mileage ($0.65 per mile) for buying business trip such as tools, supply etc stuff. I wander if there is an accident which loss is mo… read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
I am an architect who works for new York city government. I
I am an architect who works for new York city government. I sometimes take design projects in new jersey as moon lighting work which is allowed by my NYC employer. As a sole practice architect, do I n… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
3,071 satisfied customers
I am a general contractor, licensed and carry workers comp.
I am a general contractor, licensed and carry workers comp. If I hire a subcontractor who is licensed and is exempt from having workers comp because he has no employees. and he has the proper paper wo… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
86 satisfied customers
Hello, My husband and I own a General Contracting Building
Hello, My husband and I own a General Contracting Building company in Colorado. The worker's comp law in colorado requires that one has workers comp if there is one or more employee. However, the owne… read more
Marcy
Marcy
Attorney At Law
Doctor of Law w/ highest honors
165 satisfied customers
I am a contractor. If I have my own signed contract with a
I am a contractor. If I have my own signed contract with a subcontractor stating that I don't provide workman's comp insurance, do I need to still have them sign TWC83 and file the form with the state… read more
socrateaser
socrateaser
1,452 satisfied customers
I a contractor in oklahoma . I had sub working for me that
I a contractor in oklahoma . I had sub working for me that didnt have workmans comp. I was told by another contractor that i needed to deduct what workmans comp would charge me out of his check becaus… read more
Taxlawyer
Taxlawyer
Attorney At Law
Doctoral Degree
Im the bookkeeper for a condominium association in New Jersey.
I'm the bookkeeper for a condominium association in New Jersey. We currently have workman's compensation insurance, but one of the Board members wants to cancel the policy. One of the Board members wo… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I have a small roofing business out of my home me and my ...
I have a small roofing business out of my home me and my husband run it. Our family works with us. My question is do i need by law general liability insurance if we are contractors/sub-contractors in … read more
John
John
JD
22 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x