How JustAnswer Works:

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

Ask socrateaser Your Own Question

socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 34823
Experience:  Retired (mostly)
10097515
Type Your California Employment Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

we have a full time live in caregiver for my mother who is

Customer Question

we have a full time live in caregiver for my mother who is in Hospice. she has been living in my mothers home for more than a year. Room and board is provided and a monthly pay. We are not happy with the attitude she is serving to my mother who is dying. (Nor to my brother or myself, the hospice nurses, etc.) she does not tell the truth and she is disrespectful. We have had many talks with her about her attitude.

WE want to terminate her employment and evict her. We are willing to offer monetary incentive to get her to leave sooner rather than later (we are afraid that she will harrass our mother as she will be very angry).

so once we serve her notice, we do not want her to do her duties any more- nor be paid. We would like to offer her money to leave faster so the new caregiver can move in.

What do we need to know. This is California.
thakyou
Submitted: 2 years ago.
Category: California Employment Law
Expert:  socrateaser replied 2 years ago.
Hello,

For clarification purposes, are you currently paying the caregiver according to the regular payroll requirements (i.e., paying FICA, umemployment, workers' compensation, SDI, etc.)?

Thanks in advance.
Customer: replied 2 years ago.
yes we are.
Expert:  socrateaser replied 2 years ago.
Then, assuming that you do not have a written contract that contains a future termination date of employment more than one month after the commencement date of the contract, then the caregiver is an "at will" employee, and you can terminate the employee with only one day's notice.

Concerning the meals and lodging agreement, if the agreement is part of the employment relationship, and there is no independent rental lease, then the lodging terminates with the employment, and the employee must vacate immediately.

If the employee does not vacate immediately, then you can immediately file a lawsuit for unlawful detainer and once you obtain judgment, the sheriff will remove the former employee.

You cannot, however, physically remove the former employee on your own. If you attempt to do so and the employee calls the police/sheriff, you will be arrested for breach of the peace.

All of this can get extremely messy and very expensive. A landlord-tenant attorney will cost you at least $5,000 to force the employee to move, and this is not small claims court. Unlawful detainer court is complicated.

So, you may want to tell the employee that things are not working out, and that if he/she vacates the premises by day X (maybe two weeks), you will continue to pay wages up until that date. The reason for this is that by paying wages, you will avoid having the employee found to be a tenant, which can make it even more expensive to remove him/her. Ideally, you want wages and the living arrangment to end on the same day.

Hope this helps.

NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation.

If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!

socrateaser, Lawyer
Satisfied Customers: 34823
Experience: Retired (mostly)
socrateaser and other California Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
,to Socrateaser:

May I continue to ask questions fro 7 days free of additional charges?
Expert:  socrateaser replied 2 years ago.
Ironically, you have asked the one question that I cannot answer.

I don't have any control, or knowledge of your account agreement with the website. The limit of my information is that I know when you accept or rate my answer, because it shows up as a payment in my account. Whether or not you are charged for additional answers is between you and the website. If you have questions or concerns about this, please contact customer service before asking additional questions, because the last thing I want is for you to come back here screaming for a refund a week from now.

I want only happy customers.

Thanks for your understanding and cooperation.
Customer: replied 2 years ago.
to Socrateaser

Ha ha. I just called them. I am on a free 7 day trial. (what a deal) sheesh.so I can ask away for 7 days and be charged after that. I thank you for your honesty. so I may write you alot over the coming days !


I am very scared this woman is going to sue us. she is vindictive. she is the type to say the job caused her "back pain or side pain or arm pain" etc..... ugh.


I live in TX - and have a friend who is an attorney ... here. Can she file the lawsuit for unlawful detainer or must this be a CA attorney? If the sheriff came to remove the person, she has so much shit in that garage (brought this without telling me) that not sure how they get all the stuff out? Does the sheriff move it? She is going to freak.


We will absolutely take your advice on continuing her wages (to continue her employment thus not a "tenant" - perfect. Not sure if we should also offer incentive to leave soon and without fuss?
Expert:  socrateaser replied 2 years ago.
I am very scared this woman is going to sue us. she is vindictive. she is the type to say the job caused her "back pain or side pain or arm pain" etc..... ugh.

A: The only way to avoid that is to get a settlement and release from her. And, that means paying her something in exchange for her agreement not to sue. A properly drawn agreement is fairly complicated. I can give you a sample (but it will cost ya!) -- I can't promise it will suit your exactl purposes, though.

I live in TX - and have a friend who is an attorney ... here. Can she file the lawsuit for unlawful detainer or must this be a CA attorney?

A: Must be a member of the State Bar of California. No exceptions.

If the sheriff came to remove the person, she has so much shit in that garage (brought this without telling me) that not sure how they get all the stuff out? Does the sheriff move it?

A: No. You get to move it. And, you can't just dump it on the street, because you will be charged with creating a public nuisance. You would have to get a self-service storage unit, pay for a month's rent, move the stuff there, and give the employee the key or combination to the unit, and then it's her problem to pay the rent or lose the stuff.

We will absolutely take your advice on continuing her wages (to continue her employment thus not a "tenant" - perfect. Not sure if we should also offer incentive to leave soon and without fuss?

A: I can't tell you what to do. All I do is explain the legal ramifications of your actions. If you have to hire a California lawyer to evict, it will cost you at least $2,500 -- maybe more if the employee kicks up a fuss. So, there is definitely some wiggle room for you to offer money to go quietly ("cash for keys").

Of course, you can try to do-it-yourself the eviction and represent yourself in court. But, if you are not actually on title to the property, then you can't represent your mother in court. You will have to hire a lawyer -- so, that's the argument for offering money to get the employee to move out quietly.

Hope this helps.

NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation.

If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!

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:

 
 
 
  • 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
< Last | Next >
  • 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. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, 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!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    936
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    936
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    888
    JD, 17 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    334
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3755
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.
 
 
 

Related California Employment Law Questions

Chat Now With A California Employment Lawyer
socrateaser
socrateaser
1479 Satisfied Customers
Retired (mostly)