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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5047
Experience:  Extensive experience representing employees and management
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I am considering live in help for my spouse who has severe

Customer Question

I am considering live in help for my spouse who has severe dementia. I want to know my legal requirements and would like to see a samle contract if possible.

Thanks, Bob
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello Bob and welcome to JustAnswer,

I'm very sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.

Are you looking to hire a full or part time employee (or independent contractor) to take care of your wife?

Also, are you currently hiring an employee of an agency for day help?

Customer: replied 1 year ago.

Joseph,


 


My current day worker was recommended by a friend and is not with an agency.


I am looking for a full time-live in as well. Can we chat by phone (my typing finger gets tired) my toll free # XXXXX XXXXX ext 12 if the voice-mail answers.


 


Bob

Expert:  Joseph replied 1 year ago.
Hello Bob,

Unfortunately, JustAnswer experts cannot contact customers outside of the scope of the site, but I should not need any further information from you and you should expect an answer shorly.
Customer: replied 1 year ago.

OK - thanks for your help. I will rate you after I receive the answer.


 


Bob

Expert:  Joseph replied 1 year ago.
Hello Bob,

Please disregard the above information when I reply. I will get back to you shortly with the answer.
Expert:  Joseph replied 1 year ago.
Hello Bob,

In order to hire an employee, you need to fill out proper paperwork for them. An I-9 and a W-4, which can be filled out within the first two days of employment.

You also need to obtain workers' compensation insurance on the employee, since all employers, no matter how small, must have workers' compensation insurance on their employees in California.

You also must register as an employer with the EDD so the appropriate state taxes for disability and unemployment can also be withheld from wages.

You can do so using the instructions online here:

http://www.edd.ca.gov/payroll_taxes/am_i_required_to_register_as_an_employer.htm#registration

There is some good additional information on this site for household employers, which is what you would be.

As far as an employment contract goes, you probably don't want one, since you would want to ensure that whoever you hire is at-will, so you can terminate them at any time for any reason with or without any prior notice.

Otherwise, if you have an employment contract, and even if the employee is incompetent or worse, you can potentially get in a messy legal situation, since they may try to sue for wrongful termination or breach of contract if they believe they weren't terminated 'for cause.'

It's best to avoid the potential for this situation altogether and just not have an employment contract. No one would expect to have an employment contract, since the vast majority of employees do not have employment contracts.

I hope this information is helpful.

Please let me know if you have any follow up or clarifying questions.

Thanks and best of luck!
Joseph, Lawyer
Satisfied Customers: 5047
Experience: Extensive experience representing employees and management
Joseph and 3 other California Employment Law Specialists are ready to help you
Expert:  Joseph replied 1 year ago.
Hello Bob,

Thank you for your positive rating of my service,. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should you have future legal questions.

Please request me directly by placing “to Joseph” at the beginning of your question and/or requesting me directly in California Employment Law.

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and best of luck,

Joseph

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