Legal Question in Employment Law in California
under the table employment
I've been working under the table for a construction company for two years. In order to transport large materials my car could not otherwise contain, I was allowed to utilize a company truck, which had faulty breaks. The boss was aware of the breaks and had told me that the breaks made the truck shake badly and to drive it for now until he could purchase another truck. I recently was involved in an accident where due to the breaks,the truck went over a dividing island, stuck a pole which struck a pedestrian, causing her to lose her foot. Only then, did he tell me that he had cancelled the insurance policy. The lawyer for the injured person contacted my boss at which time, my boss told the lawyer that I sub-contracted for him and that he had ''given'' me the truck. I was asked by my boss, to agree with his statement. When in fact, he hadn't ''given'' me the truck and no release of liability or exchange of paperwork transpired. Furthermore, I have been working for him for over two years by the hour and paid in cash. I'm not a contractor and don't have a contractors license. He told me that he has a lot to lose and can't afford to except responsabiliy for the accident. What should I do.
2 Answers from Attorneys
Re: under the table employment
Under the unfortunate set of circumstances, your best option would be to protect yourself personally from such liability. However, if you would like to give us more facts, contact us directly this week for a free phone consultation.
Re: under the table employment
It should be obvious to you by now that this person you worked for is a devious, dishonest individual who is only looking to protect himself and toss you to the wolves. He has been violating many laws, based on your description, including not listing you as an employee, to avoid having to pay taxes and workers compensation insurance and now will lie to avoid liability for a very serious accident he is responsible for.
You need a lawyer. The facts must come out so the accident victim's attorney goes after the appropriate party. If you have insurance, you need to turn to your insurer for help. If you don't have insurance, you have a serious problem because this is going to cost you one way or another. The question is how much.
One thing is very clear. End your relationship with this man. He is out to screw you for his own self-preservation.
Finally, the California Labor Commissioner's office and the Employment Development Department have investigators who audit employment relationships to determine if an employer has misclassified employees to avoid paying payroll taxes and workers comp insurance. This guy needs to be reported and investigated.
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