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Overnight the 91 year-old woman I care for began yelling, cussing at me. She suddenly decided I am lazy and don't help her and said I have to get out of her house immediately. The only form of payment I recieved was in the form of housing. What rights do I have as far as time allowed to move?

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Well, none really. Not legally. You are living in someone elses home and without a contract I would imagine. However, you can simply REFUSE to leave and then she will have to take action, either she or her family, to evict you. You can call in adult protective if you feel that, indeed, it is "dangerous" to leave her without any care. That will give you some time. But the truth is, if you have been working without pay then you have only what you have, and may need to consider a shelter until you are able to get another job, get on your feet. Good luck. I hope you will update us.
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worriedinCali Nov 2019
Wrong Alva. She doesn’t have to evict her. She can call the cops and have her removed immediately. She’s not an a tenant, she’s a live in worker so she doesn’t have to be evicted through a formal process.
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She most likely has no rights to kick you out immediately. I'm not sure what state you are in but you can look it up online to see what your rights are specific to your state. If you have lived there long enough where you can produce some sort of bill that was mailed to you at that address, then that will be proof that that is your residence. Where I live a landlord needs to go through a legal process (filling out and filing a specific form in the courts that cost money) before they can post a legal eviction notice. Once notice is posted at your residence (where you can see it) you have 30 days before you can be forcibly removed by police. Again, may be different from state to state so please verify. If she calls the police before filing an eviction, the cops won't do much since it is a civil matter at that point, unless she accuses you of a crime. She may have a UTI which can mimic or worsen dementia symptoms, so if you can get her to a doc for a check, this may explain her sudden fury with you. Also in the future, do not get paid in this way, as you see the outcome of such "payment".
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worriedinCali Nov 2019
Actually she most likely does have the right to kick her out immediately. Live in workers are treated differently and can be evicted immediately.
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I would get in touch with the department of labor in your state. What this woman has done is illegal, basically slave labor. Some states even have caregiver rights groups now for situations like this.
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Were you employed by her or by a family member? Did you have a contract that your pay would be staying there?
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Alexa422 Nov 2019
I dont have an official contract all verbal agreements between her and her daughter. Her daughter who is in charge of her finances etc has agreed to give me 2 weeks. But it's the woman I've been providing care for who is creating this issue.
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Has she been checked out for a UTI? This is the kind of behavior that you see in an elder with an untreated infection. They can't articulate pain and end up behaving like a maniac.

Please get that checked before you leave to ensure that you are doing a good caregiving job, regardless of whether you choose to stay after or she still wants you to leave. Right now her new behavior should be checked out.
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I would not hesitate to get an employment attorney! Read the article at this link.

https://money.usnews.com/careers/articles/workplace-laws-your-employer-may-be-violating
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She can fire her and have her move out immediately, live in caregivers are not renters. She should start looking and move out asap.. This is called right to work,, means you can be fired at anytime and if you don't leave the premises you can be trespassed and she can call the police to move you off her property...
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worriedinCali Nov 2019
Yep usually the only time a live in employee has “rights” is if the employment contract specifies how long until they have to be out after their employment has been terminated. But there’s no contract per the OP so once her employment is terminated, she has to go.
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Worried... I cannot imagine where you get some of your answers from.

I Have been a landlord for decades....do not ever try to just put someone out of the place they have been living.....the police won’t do it (they know there has to be a writ of possession issued by the court), and if you try it on you own the judge will throw the book at you!!!! It is called “constructive eviction” and it the single worst thing you could do.

the simple fact that she is living there makes her a tenant. There does not have to be rent involved. This means they must give her 30-90 days notice to leave (in California...the notice length is tied to how long they lived there)

please stop giving this sort of advice. It is just wrong and causes needless stress on the person you are telling it to.
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