Legal Question in Health Care Law in California

my sister has been working for a family for 2years doing caregiving. The family was just approved for IHSS a couple months ago, and they had asked her to do all the paper work for them. The family is getting a back pay from the county, but it is coming in my sisters name. They are wantting her to cash the check and turn the money over to them. however my sister is thinking about keeping the money, so my question would be, can she get in trouble by the family or keeping the check?


Asked on 5/11/12, 11:24 pm

1 Answer from Attorneys

She has already been paid for the work that the check is for out of her employer's pocket. Keeping the check would be taking double pay. Technically if the check is made out to her she can keep the money, but she would then owe a refund for being over paid. Whether the family would have the resources to sue her for it, I don't know, but if it was me I sure as hell would fire her on the spot for it.

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Answered on 5/12/12, 9:54 am


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