Legal Question in Employment Law in California

I was named as a defendant in a Labor Commissioner case in which I was not the employer of the plaintiff. She was hired through the CA IHSS (In Home Supportive Services) program as a Caregiver for my late Mom. She moved into my Mom's house and was paid by IHSS for the 10 days she worked. I had no contract with her and we went to a Labor hearing today in which the labor judge said that since he considered me an "able bodied man" and the son of my Mom that I am deemed to be the plaintiff's employer and as such owed the plaintiff compensation for the extra hours that she worked. This is insane. He will render his verdict in 6-8 weeks. She was paid for 58 hours by IHSS and now wants me to pay her for the difference in 24 hour care and penalties totaling over $14,000! He said I should have contacted a Labor Lawyer and reached a settlement before appearing today. His mind was made up before I presented any evidence and didn't want to listen to my evidence. He said that as long as she was living there I owed her money. He said if your Mom was still alive she would owe her the money. After the hearing I found my text messages that I exchanged with the plaintiff in which I specifically said that she is an employee of IHSS and not my Mom or myself and that we are not responsible for paying her but rather IHSS is. She replied that she understands the way IHSS works. I expect to appeal the decision in superior court when received. What are my rights? Can I use the text messages at appeal?

Asked on 7/11/16, 5:20 pm

Charles Perry Law Offices of Charles R. Perry

0 users found helpful

0 attorneys agreed

You may want to review the following page as to IHSS services that Medi-Cal helps funds:

http://www.cdss.ca.gov/agedblinddisabled/pg1296.htm

That page makes clear that the caregiver can be considered an employer of someone within the household where the care is given.

I suggest you meet with an attorney experienced in handling employment claims from the employer perspective.

Answered on 7/12/16, 8:52 am

Keywords

Match Any Match All

Country

State

Area of Law