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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 111526
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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4 years ago my girlfriend and i started care giving, live in

Customer Question

4 years ago my girlfriend and i started care giving, live in and no pay. now my girlfriend has broken up with me for my little brother whom she moved in along with her daughter, her boyfriend and step sister. now the daughter of or lady wants rent from just me and the daughter. "Mary the lady we caregiver for hates the idea of this but the daughter is treating to evict me and never gave me any written notice just texts to my ex. do i have rights even if our agreement was verbal 4 years ago?
JA: Welcome! How can I help with your employment law question?
Customer: 4 years ago my girlfriend and i started care giving, live in and no pay. now my girlfriend has broken up with me for my little brother whom she moved in along with her daughter, her boyfriend and step sister. now the daughter of or lady wants rent from just me and the daughter. "Mary the lady we caregiver for hates the idea of this but the daughter is treating to evict me and never gave me any written notice just texts to my ex. do i have rights even if our agreement was verbal 4 years ago?
JA: Have you documented or discussed this with a manager or HR?
Customer: we are private caregivers
JA: Is the employment "at will," union, full time or part time?
Customer: 24/7, 365 for 4 years
JA: Anything else you want the lawyer to know before I connect you?
Customer: they want money tomorrow or im to be evicted before being fired?
Submitted: 1 month ago.
Category: California Employment Law
Customer: replied 1 month ago.
i am not sure of the daughters status in terms of POA..etc
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, you are a month to month tenant. You cannot enforce a 4 year old VERBAL agreement, it must be in writing according to the statute of frauds. So, if the owner of the home, or their PoA, wants you to leave, they legally have to give you 3 day written notice if they are demanding rent and you have not paid rent and if you do not leave, then they can evict you through court. So if she wants rent, you need to pay or you can be evicted.
If you were providing care for no pay in exchange for rent, now she is demanding rent you can demand pay for any caregiving or you do not have to continue providing care. So you have that option and if she refuses to pay you for care then you can seek to file a wage claim against her with the department of labor wage and hour division for not paying you for care being provided.
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