Legal Question in Employment Law in California

My mom is 60 years old and still cleaning houses on her own. She's the sweetest person you will ever meet, to a fault... a week ago she asked a woman to help her clean a few houses as she is getting tired. The woman was on a step ladder, fell off and twisted her ankle.

My mom immediately took her to urgent care where the woman told them she was employed by my mother and she would cover the costs.

Normally my mom and myself would help in any way we can but we are currently broke with all these new expenses and can't afford it.

The woman has been harassing us for money ever since. (Only 2 days but still)

Does anyone know what we can do? Is my mom really liable, I believe she falls under the independent contractor category right?


Asked on 12/18/16, 2:08 pm

1 Answer from Attorneys

It is impossible to make a definitive contractor/employee determination, but under the circumstances you describe, and given that the law leans toward finding a worker to be an employee rather than a contractor, it is very likely that your mom did not take the necessary steps and make the necessary arrangements for this woman to be legally an independent contractor. If your mom had her clean the houses without your mom present, using the woman's own equipment and supplies, she MIGHT be an independent contractor. If she was working side-by-side with your mom, using your mom's equipment and cleaning supplies the woman is all but certainly an employee under the law.

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Answered on 12/19/16, 12:37 pm


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