Legal Question in Workers Comp in California
Can a company make you an officer in order to avoid workmans comp without your permission and would you have to sign something in order for them to do this?
2 Answers from Attorneys
An employee can not be required to waive WC coverage; any attempt by an employer to get around WC coverage is void. Being an officer of the company still leaves you as an employee; if you were an owner of the company, then there would be no coverage.
I strongly encourage you to contact the Department of Fair Employment and Housing and/or an employment law attorney. You may also wish to reconsider working for this employer as it sounds as if s/he is being dishonest in not providing workers' compensation insurance (which is a crime). In addition, you may report this employer with the California Department of Industrial Relations.