[KARMIJONES]

My question involves workers compensation law for the state of: California

Sir, I work for a major corporation that is headquartered in the state of California. I am a resident of the state of Texas but work internationally.
I would like to know if there is a Law firm that would be interested in starting a class action suit against the state of California and the corporation that I work for. Myself and thousands of other employees of this corporation are forced to make payments to the state of California into their workmens compensation fund. I may be old fashioned but I've always felt that this amounts to taxation without representation! I am not a resident so I can't vote in california yet they can tax me? Could you tell me if there is any possibilty that I could win in a case like this?

[BOR]

My question involves workers compensation law for the state of: California

Sir, I work for a major corporation that is headquartered in the state of California. I am a resident of the state of Texas but work internationally.
I would like to know if there is a Law firm that would be interested in starting a class action suit against the state of California and the corporation that I work for. Myself and thousands of other employees of this corporation are forced to make payments to the state of California into their workmens compensation fund. I may be old fashioned but I've always felt that this amounts to taxation without representation! I am not a resident so I can't vote in california yet they can tax me? Could you tell me if there is any possibilty that I could win in a case like this?

How are YOU forced to pay into the fund? Do you meet the defintion of "employer"? Or are you saying CA requires employees as well as employers to contribute?

"Taxation without representation is tyranny" as the historical saying goes.

DC residents have NO voting member in the full house, also no Senate representation.




http://en.wikipedia.org/wiki/Distric..._voting_rights

You would need the help of some mighty skilled legal minds to even know where to start.

[KARMIJONES]

BOR; The company I work for takes the money out of my pay and it is clearly stated Califonia compensation. I know that it would take a lot to get this stopped thats why I was trying to interest a Law firm to make it a class action suit. They have deducted this from my pay since 1986 and as I sayed there are thousands of employee this is being done to without any choice.

While I sympathise with the people in Washington D.C. I don't see this as the same issue. The compromise that our government made over where to put the national capital was that it wouldn't have congressional representation. There were a lot of states that wanted the National capital to be in their own state and that was the compromise.

In any case I hope that somebody out there will be willing to help fight what I see as somethinmg that should be unconstitional taxation.

Thanks for your reply!

[BOR]

BOR; The company I work for takes the money out of my pay and it is clearly stated Califonia compensation. I know that it would take a lot to get this stopped thats why I was trying to interest a Law firm to make it a class action suit. They have deducted this from my pay since 1986 and as I sayed there are thousands of employee this is being done to without any choice.

While I sympathise with the people in Washington D.C. I don't see this as the same issue. The compromise that our government made over where to put the national capital was that it wouldn't have congressional representation. There were a lot of states that wanted the National capital to be in their own state and that was the compromise.

In any case I hope that somebody out there will be willing to help fight what I see as somethinmg that should be unconstitional taxation.

Thanks for your reply!

I was just making a general comparison of taxation without represenation. I did not mean to imply any side by side comparison.

YES, you most assuredly need the help of a skilled Tax attorney/law firm. They would need to review the law. What many believe is UNconstitutional, as an opinion, is not the actual law.

Are you aware if this has every been litigated before? Maybe it has and the argument you propose failed?

[KARMIJONES]

I was just making a general comparison of taxation without represenation. I did not mean to imply any side by side comparison.

YES, you most assuredly need the help of a skilled Tax attorney/law firm. They would need to review the law. What many believe is UNconstitutional, as an opinion, is not the actual law.

Are you aware if this has every been litigated before? Maybe it has and the argument you propose failed?

BOR, I'm not aware of anyone who has challenged this in court. As I say, it has been going on since 1985 when the company I worked for was bought out by this company from California. A couple of years ago I contacted the Texas Attorney Generals office to see what their opinion was. They wouldn't give me an opinion as to the legality because they told me that Texas was considering instituting a similar program. I just think that it is wrong and if this could be judged unconstitutional the recovery would be hundreds of millions of dollars if not in billions not to mention righting something that I consider plainly wrong. I would think that some Law firm would want to fight this just for the potential payoff if not to stop something that is wrong.

[BOR]

BOR, I'm not aware of anyone who has challenged this in court. As I say, it has been going on since 1985 when the company I worked for was bought out by this company from California. A couple of years ago I contacted the Texas Attorney Generals office to see what their opinion was. They wouldn't give me an opinion as to the legality because they told me that Texas was considering instituting a similar program. I just think that it is wrong and if this could be judged unconstitutional the recovery would be hundreds of millions of dollars if not in billions not to mention righting something that I consider plainly wrong. I would think that some Law firm would want to fight this just for the potential payoff if not to stop something that is wrong.

I see then your argument is not really one of Legislative representation BUT the legality of such witholding?

If the company is incorporated in CA, CA law may apply.

To be clear let me ask this! You claim that a deduction is made from your check and titled "workers compensation" or such, as F.I.C.A, state tax, etc??

I am by no means an authority on WC laws, but I personally have never heard of a state which authorized employers to share the cost of WC with an employee. Is this what you mean?

I do know that as far SS is concerned, you pay 1/2 and the employer pays 1/2!

[KARMIJONES]

I see then your argument is not really one of Legislative representation BUT the legality of such witholding?

If the company is incorporated in CA, CA law may apply.

To be clear let me ask this! You claim that a deduction is made from your check and titled "workers compensation" or such, as F.I.C.A, state tax, etc??

I am by no means an authority on WC laws, but I personally have never heard of a state which authorized employers to share the cost of WC with an employee. Is this what you mean?

I do know that as far SS is concerned, you pay 1/2 and the employer pays 1/2!

BOR, I took a look at my pay stub and this is what is listed under paycheck deductions from my pay:

Federal EE Social Security Tax
Federal EE Medicare Tax
CA EE Disability tax

I have asked about this and they made it clear that it was a California disability tax. As I mentioned before, when I asked for help with this from the Texas Attorney Generals office they told me that Texas was considering a similar tax. I live in Texas and could understand if my state was taxing a person that lived in the state. It just seems wrong that California can tax me
for a state program when I don't live there. Over the years I've had the state of California call me and claim that I owed state income tax. Once I convinced them that I have never even been to California much less live there they left me alone about that. Don't misunderstand. This isn't just some mistake on my pay check they get this tax from all employees not just me.

[BOR]

According to this website, the deduction is legal!


http://www.edd.ca.gov/Disability/


If your argument is you work in TX now and should not be subjected to the CA tax as you are a legal resident of TX now, you have a point, IMO. Many companies are incorporated in ther states who do business interstate.

I can't see CA permitting a deduction for a non resident, especially one who never sets foot in CA as a floater employee.