Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I have had a caregiver in my home to care special-needs son.

Customer Question
I have had a caregiver...
I have had a caregiver in my home to care for my special-needs son. Her job performance has deteriorated and I have recently cut her hours from 3 days per week to 2 days per week. Since then, she has not come to work, complaining of a headache. In addition, she has been lying on her timesheets.
Is there a way to fire her without having to pay for her unemployment?
Submitted: 2 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 5 minutes by:
3/1/2016
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 years ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,475
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

That can be difficult to do, because you need to show a history of disciplinary issues. Performance doesn't rise to the level of avoiding unemployment issues, so you have to focus solely on misconduct and that will really only include absences which are unexcused and the time theft.

If you have clear evidence of time theft, have warned her and she continues, then it's easy. Without a warning and a chance to cure, it is very difficult to block unemployment. In those instances, you need an offense so egregious that people shouldn't need warnings to know that it is wrong. If the time theft was bad enough, it might justify the termination alone. Otherwise, you'll have to take the risk with the understanding that you may end up having to pay.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,475
20,475 Satisfied Customers
Experience: Employment/Labor Law Litigation

Allen M., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

20,475 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,489 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,477 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,892 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I have an employee that filed an unemployment claim. I gave
i have an employee that filed an unemployment claim. I gave him a final warning almost 10months ago for insubordination, leaving early without notice, coming in late...(he didn't sign, but the supervi… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,171 satisfied customers
Can you answer unemployment insurance questions? Just my
Hi. JA: Hi. How can I help? Customer: Can you answer unemployment insurance questions? JA: Have you discussed this unemployment issue with a manager or HR? Or with a lawyer? Customer: No. JA: Are you … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,477 satisfied customers
A former employee was fired and denied unemployment because
Hi! A former employee was fired and denied unemployment because of false accusations from my employer. They had their court date Friday, and the employer lost because she failed to provide evidence (b… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,171 satisfied customers
We are an employer undergoing Appeal for Unemployment Claim
We are an employer undergoing Appeal for Unemployment Claim filed by disgruntled, fired employee. The Claimant, a Hygienist, contacted one of our patients without our knowledge (patient is a personal … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I received termination letter titled a separation agreement
I received termination letter titled a separation agreement and general release via fedex envelope left at my home in between the two outside doors. Along with confidentiality and non-competetition ag… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,171 satisfied customers
Yesterday my wife was informed she was being terminated for
Yesterday my wife was informed she was being terminated for mico- management and not moving the business. No formal performance evaluation regarding these two matters She was also informed she would b… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I was off my job started to collect unemployment and like
I was laid off my job started to collect unemployment and like half way through I found a job didn't let them know I found a job and still continued collecting my unemployment checks will I just have … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
I need to know whether to appeal a denial for unemployment
I need to know whether to appeal a denial for unemployment and hire a lawyer for wrongful termination … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,477 satisfied customers
I recently collected unemployment benefits and now after a
I recently collected unemployment benefits and now after a few payments I have received a notice that the temp agency I was hired through is claiming they shouldn't have to pay for these benefits sinc… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
If one quits their job ,are they eligible for unemployment.
if one quits their job ,are they eligible for unemployment … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Can I collect unemployment if I was fired for making
Can I collect unemployment if I was fired for making mistakes working? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a question regarding unemployment versus disability
Hi. I have a question regarding unemployment versus disability for one of my employees in Colorado. … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I have a question about unemployment eligibility in
I have a question about unemployment eligibility in Colorado. I have a friend who was terminated for poor performance following a failed performance improvement plan. He has been increasingly forgetfu… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,477 satisfied customers
Filing out the unemployment claim - On the job my separated
Filing out the unemployment claim - On the job my separated husband terminated me on - would it be better to say I was "fired, terminated, discharged from the job" or "the position was eliminated"Sinc… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I was claiming unemployment but then accepted a job as an
I was claiming unemployment but then accepted a job as an Accounting Manager. The Vice President of Finance kept giving me directives and treated me as his personal assistant. It prevented me from hav… read more
Pheobe Clark
Pheobe Clark
Attorney
JD
144 satisfied customers
I was terminated from my job and was denied unemployment. Is
I was terminated from my job and was denied unemployment . Is there anything I can do? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
My daughter was denied unemployment for she was terminated.
My daughter was denied unemployment for she was terminated. She made a copy of some notes that her boss had in her desk. I believe she was under emotional distress and had a monetary loss of judgment.… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,171 satisfied customers
I was recently terminated from unemployment of 16 and a half
I was recently terminated from unemployment of 16 and a half years due to an error in medication that was prescribed by my pain management doctor that a warning to human resources was ignored . I'll h… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x