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CalAttorney2
CalAttorney2, Attorney
Category: California Employment Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I have a question on an IHSS inquiry from the State of

Customer Question

I have a question on an IHSS inquiry from the State of California.
Submitted: 1 year ago.
Category: California Employment Law
Customer: replied 1 year ago.
Our former caregiver was hired to care for my mother and daughter. Our daughter gets IHSS services from the State of California. Our caregiver received free room and board for watching my mother. I made a mistake on the contract that I signed with the caregiver for the care of my Mother. In the contract I stated that she would receive free room and board plus $1,500 per month for the care of my Mother. I recognized the problem and verbally told the caregiver that was not true. I think I misunderstood my wife when she told me about the pay situation. She was only entitled to free room and board. I did not get a signature on a revised contract. The caregiver is now saying I used the IHSS money for my Mother's care, that the $1,500 per month in the contract was from IHSS. This is simply not true, I always stressed to the caregiver that she had to watch my daughter to get the IHSS money. In reviewing the timesheets I secured from IHSS, I noted that Laura claimed hours after she left our employment and forged my signature on a number of other time cards. Based on the faulty contract with the caregiver and taking into account the forgeries on the timesheet, what is my exposure in this situation?
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

i am sorry to learn about this situation. Unfortunately there is actually a fair amount of potential liability that can happen here. You have a wage contract with this former employee which states you were to pay her a specific amount each month, but have not done so. A wages claim can carry significant penalties with it in addition to simply repaying the unpaid wages.

I'm not sure exactly what your set up is with IHSS, but depending on how you have structured this there can also be some issues here. The bi-monthly time sheets should not have had the opportunity to get to the worker after she left your employ (your Regional Center, or other agency managing your daughter's IHSS benefits, should have been notified of the change as soon as there was a change in providers).

This is probably something that you can get figured out relatively quickly, but I would suggest hiring a lawyer to help you with it (you will want someone that you can enter into an attorney/client relationship with and help you come up with appropriate settlement agreements to shield you from future liability/claims. I would recommend an attorney with experience in employment or labor law.

You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

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