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HANDICAPPED WOMAN. 81 YEARS OLD. I HAVE PAID 4 PEOPLE $22.

Customer Question
I AM A HANDICAPPED...

I AM A HANDICAPPED WOMAN. 81 YEARS OLD. I HAVE PAID 4 PEOPLE $22. PER HOUR FOR 24HR CARE. 2 OF MY HOME CARE WORKERS WERE FIRED RECENTLY FOR MISCONDUCT..... MOTHER AND DAUGHTER. THEY ARE NOW DEMANDING THAT I PAY THEM FOR OVERTIME HOURS. AS AN INDIVIDUAL, DO I PAY OVERTIME TO MY EMPLOYEES?

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

NO. .

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

NO.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

THE MOTHER IS ASKING FOR PAYMENT FOR SURGERY ON A KNEE THAT SHE SAYS WAS INJURED WHILE PICKING UP A LARGE BAG OF BIRDSEED THAT I PURCHASED.

Submitted: 29 days ago.Category: Employment Law
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Answered in 14 hours by:
3/26/2018
Employment Lawyer: Phillips Esq., Attorney-at-Law replied 29 days ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 21,328
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Employment Lawyer: Phillips Esq., Attorney-at-Law replied 29 days ago

I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

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Employment Lawyer: Phillips Esq., Attorney-at-Law replied 29 days ago

Could you explain a little more?

In what State are you located?

Did you hire them or were they working for you through agency?

How many hours were each working per week?

Thank you for your cooperation.

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Customer reply replied 28 days ago
Illinois. I hired them as well as 2 others who still work for me.one of these 2 worked 60 hours a week consistantly. They chose the hours ..either 7 A.M. to 7 P.M. or 7 P.M. to 7 A.M.
Customer reply replied 28 days ago
I can't hear, so no phone call.
Customer reply replied 28 days ago
No answer yet.
Customer reply replied 28 days ago
I can't hear, so no phonecall.
Customer reply replied 28 days ago
Still waiting for a response.
Employment Lawyer: Phillips Esq., Attorney-at-Law replied 28 days ago

Thank you for the information.

I am sorry for the delay in getting back to you. I was offline when your response came in.

Kindly give me a few minutes to review the information that you have provided and prepare my response.

Thank you for your patience.

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Employment Lawyer: Phillips Esq., Attorney-at-Law replied 28 days ago

Your Question:

I AM A HANDICAPPED WOMAN. 81 YEARS OLD. I HAVE PAID 4 PEOPLE $22. PER HOUR FOR 24HR CARE. 2 OF MY HOME CARE WORKERS WERE FIRED RECENTLY FOR MISCONDUCT..... MOTHER AND DAUGHTER. THEY ARE NOW DEMANDING THAT I PAY THEM FOR OVERTIME HOURS. AS AN INDIVIDUAL, DO I PAY OVERTIME TO MY EMPLOYEES?

Response 1: Yes, you do if they worked over 40 hours in a workweek. Otherwise, they can file wage claim against you with the Illinois Department of Labor.

THE MOTHER IS ASKING FOR PAYMENT FOR SURGERY ON A KNEE THAT SHE SAYS WAS INJURED WHILE PICKING UP A LARGE BAG OF BIRDSEED THAT I PURCHASED.

Response 2: Of course you do not have to comply with this request since you do not know whether she is lying or telling the truth. Let her file a lawsuit. Then you can defend it. She would have to provide her previous medical records, which may show that she did not sustain the injury at your place, that she had the injury before the alleged fall. That is, the surgery was due to pre-existing knee injury. Do not let her intimidate you into paying for something that you are not responsible for.

Best wishes,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

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Phillips Esq.
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Category: Employment Law
Satisfied Customers: 21,328
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Experience: B.A.; M.B.A.; J.D.

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