FaithB Asked May 2021
I am a live in caregiver. I work 7 days a week and don't get a day off. I live rent free and am paid 400.00 per week. What are my rights?
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It is said the lady whom I care for is going to pass away within a week. I was just wondering what my rights are or what I should do? I have been living here taking care of her for the last three going on four years. Will I have to move out as soon as she passes away or what kind of rights do I have?
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In my state (MN) there are labor laws specific to caregiving. No caregiver is considered "contract" and is therefore an actual employee of whomever hired them (the PoA or the person requiring the care). This means there needs to be a written agreement outlining expectations, like # of hours per week, hourly wage (no less than minimum) and time-off/vacation. The caregiver is not paid in cash which means the employer has been withholding and contributing to their SS and Medicare and following all other labor and tax laws. At the end of the year the employee receives a W2.
Without a written contract, and if the person who hired you is paying in cash, you may not have "proof" of employment. After checking the laws in your state, I'd get things in writing. IMO being on call 24/7 with no breaks is like slave labor. They are taking advantage of you.
What rights are you referring to? A free place to live? Continued weekly pay? Time to find a new client? What?
Regardless of all the talk about slave labor, you agreed to this situation and that makes it completely legal. (Nothing personal Geaton, agreement changes things.)
You should plan on being out of her home as soon as possible, because the most you will get is 30 days through the courts. And you don't want a lawsuit or eviction on your record if you plan on continuing to be a caregiver. It will hurt your chances for future employment and the ability to rent a place.
Live and learn. Get the end of life expectations in writing with your next client and move on.
Here in Canada an agreement to give up your Charter Rights or Responsibilities is not legal and will not stand up to a court challenge.
I realize OP is in California according to another poster, but this is an international forum.
Do you get paid in cash with no paper trail of proof that you work there?
If such is the case and the family doesn't want to be fair and reasonable about giving you some time to find another position, there are a few things you can do if you have to.
You can go to the housing authority in the town and tell them you're a boarder and pay weekly to live in the house and to keep the lady company when she was living. This will afford you some renter's rights and they will have to formally evict you.
Or if the family was paying in cash, they could get in trouble for not taking out for social security, Medicare, taxes, etc...
Again, these options are last resorts if the family decides to not be reasonable about giving you some time to find a new position.
If you've been with your client seven days a week for near to four years, then chances are her family will be decent to you and there won't be need to worry.
If they're not decent about it then you can nail them and should. If you make them aware of these things I've just told you, then it's likely they'll be reasonable to you even if they were inclined not to be. Good luck and I hope you find another position soon. Make sure on your next position you get things in writing and demand time off.
It's all about what you think is "right" after you agreed to the arrangement up front. Nobody is responsible for you when the assignment ends but you.
If you get paid in cash and don't claim it, you will be held responsible for the taxes and all the fines and penalties first, so be careful trying to get by with threats and intimidation, these are illegal and get you arrested.
It has worked out well for you has it, burnt?
I understand that it is very hard to prepare if you are living paycheck to paycheck. These are impossible situations. Unless a person has been in your shoes and live below the poverty level they won’t understand.
This is why we desperately need safety nets in place for these situations. I do hope it all works out well for you and you do not become homeless. No one should become homeless. It’s an awful place to be.
I will always remember my father telling me as a teenager when I accepted my very first job, to never quit a job without finding another one first. I followed his advice my whole life.
Times aren’t as simple nowadays. Pay for caregivers is next to nothing. It can become complicated in many ways due to expenses that we have that we didn’t have in the past. Plus, the cost of living is astronomical in California!
Wishing the best for you and perhaps discuss this situation with your next employer and see what they may be willing to offer, such as some type of severance pay. Don’t agree to be paid in cash. Good luck.
There are laws in place for "live in" aides. You are an employee and ur employer should have been paying you minimum wage and taking out taxes and SS and matching that SS. The room is a perk. You can only work 40 hrs anything over is time and half. You deserve time off and they provide someone to be there when you aren't. And an agreement needs to be written up to protect u and a client which I gather none of this was done.
The only thing I can see you doing is refusing to leave and allow them to evict you. This does not happen overnight. That will give you some time to find another place. They are not obligated to make sure you have a place to live. You should have had a back up plan all along. You must have realized this would not have lasted forever.
How do you know this lady? Did you respond to an ad in the paper? Was it a referral?
Does she pay you in cash or by check? Did you file a tax return? If so, what is the address on that tax return? If not, you need to file back taxes and one of the big chains like H&R Block can help you for a reasonable fee.
Do you have any kind of paper trail for your time?
Anyone who can or is willing to help you in any official capacity will ask you for documentation to prove that you've been residing there and have been her caregiver. What about the neighbors? Will any of them help you establish proof that you've been living there as her caregiver?
When she dies, you may have a claim against her estate for back pay. You may want to consider calling your local newspaper and telling your story because you've been working under conditions that very much seem to violate labor laws.
Like you said, "attorney's are like prostitutes, you pay them to tell you what you want to hear."
I have been involved with labor disputes and it is a mess with the burden falling heavy on the one that filed the complaint.