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I am being audited by the Utah Labor Commission for not

paying workman's comp insurance....
I am being audited by the Utah Labor Commission for not paying workman's comp insurance. However, I no longer own my business. Can they still make me pay the penalty?
JA: Is the employment agreement "at will," union, full time or part time?
Customer: part time employees in 2016 and independent contractors in 2015
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
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Answered in 1 minute by:
9/19/2017
Roy Hadavi
Category: Legal
Satisfied Customers: 1,048
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please give me a moment to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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If the business was properly organized as a corporation or an LLC, then the liability for the claims would remain with the entity. If the entity has been properly dissolved, then there would be no personal liability to you. If the entity was purchased by another individual, then the liability may remain with you. In the event another individual purchased the business, then part of the purchase should have clarified whether liability for past actions of the business remained with the business or remained your responsibility.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

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Customer reply replied 4 months ago
Thank you for getting back with me so quickly. I was an LLC but I sold the business. It is also written in the sale of the business that I would be responsible for anything like this so he wouldn't be liable nor would I want him to be. Moving forward, I have a couple more questions. The first is this: They are assessing penalties all the way back to 2015. I did not have employees in 2015, I only had independent contractors. I had employees starting from 2016 until I sold the business of June 2017. I don't legally have to have Workers' Compensation for Independent Contractors, do I? My second question is do you have any advise moving forward on how to negotiate the total penalty of $7,630.00 down to a lower penalty. I honestly didn't know that I needed to have Workers' Compensation insurance and I thought that I was compliant with everything through my payroll company.

Independent Contractors: No, you do not need to have workers' compensation insurance for independent contractors. Although, the Utah Labor Commission may be determining that your independent contractors were misclassified and were in fact employees.

Negotiating: You should contact the auditor in charge of your case and discuss a possible settlement of the matter. Although "ignorance of the law is no excuse", the auditor may be willing to settle the matter. You should focus on the fact that you had relied on the information provided by your payroll service and the fact that you no longer own the business.

Roy Hadavi
Category: Legal
Satisfied Customers: 1,048
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified
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Customer reply replied 4 months ago
Thank you. I appreciate your time and will do a great rating for you!

You're very welcome.
Thank you so much for the 5-star rating! I know rating takes an additional step and I truly appreciate you taking the extra time! It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: https://www.justanswer.com/law/expert-royhadavi/ Or, simply request “Roy only” in the first line of your question.

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