I hired live-in caregiver for my motherin May, 2012. Her pay was 2k/mon, two rooms for her and her daughter, utilities, cable, and internet. The arrangment did not work out, and I terminated her because of a number of serious ongoing infractions, and neglect that ultimately led to the injury of my mother. I gave her a letter of termination in March 2013, and 30 days to vacate the the premises. She is refusing to leave, and has sent a letter from her attorney stating that I "terminated her employment without proper notice, and ordered her to vacate the residence immediately..." The position taken is that if I pay $5k to the woman, that they won’t turn me into the Department of Labor
, Wage and Hour Division "seeking an investigation of violations of the law with regard to maximum hours per week, rates payable for overtime
, failure to provide w-2 withholding taxes for an employer which services are under the control of the employer and illegal withholding of the final paycheck
." The woman had told me she worked as a CPA prior to a drug arrest earlier in her life, and that the agreement to pay her, and her handling her own taxes would be fine for her. The ending paragraph by this lawyer states that "I do not allow people to abuse my fragile clients and you will find that working with me will be most unsatisfactory and unenjoyable if we are unable to reach an immediate conclusion by settlement. I promise you that I shall protect ..... to the fullest extent provided by law." Can you offer advice on whether I have broken any labor laws? My Mother will be discharged in mid May, and I have a real RN who will be moving in to take care of her- But she will not be able to come home until the woman is gone. I am seeking a Writ of Possession
to get this woman out of the house- but now feel frightened by the threats. Can you advise?