Legal Question in Workers Comp in California
Hi: My mom and I have been working for an elder lady. This old lady is 94 years old and we have taken care off her for about 5 years. We're here 24/7 365 days a year, she's got Alzheimer and that makes things more difficult since she is really mean specially with my mom. The first two years it was just my mom who was paid $200 a week, now where are being paid $250 a week each one. We do everything for her, give her medication, cook her food, make her walk every day,we also take care of the dog, some chores about the house, we bath her. Pretty much everything. This old lady has a legal caretaker who is in charge of her finances. We learned that as soon as this old lady dies she will ask us to leave the place.I know we are way under paid for the kind of work we are doing and I need to know if there's a way to get some kind of compensation for all these years that they have taken advantage of our hard work. Under the actual circumstances we are being paid about $4 an hour for taking care of an mentally ill and old lady. We never signed a contract but we are paid by check every week. I have recorded the way this old lady mistreats us everyday. Tks in advance for your reply.
2 Answers from Attorneys
This is not a workers' compensation claim since there has been no injury to you or your mother. If you are getting free room and board you have to take that into account in figuring out how much you are actually being paid. Once the elderly lady dies you will certainly be told to leave as your services will no longer be needed. You need to reach an agreement with the legal custodian as to what your pay should be as it would be difficult to make a claim against her estate.
YOU CAN INSIST UPON A RAISE that -- if not provided -- would cause you to resign. Trouble is, the caretaker may just let you resign and find another. LOTS of folks would be excited about any job with room & board included, so do not presume they wouldn't be able to replace you.
CALIFORNIA IS AN 'AT WILL' EMPLOYMENT STATE. This means the employer can terminate you for no reason at any point in time, even when the elderly client is alive.
You may not be underpaid; if you are getting $250/week plus free rent and free food, that could work out to the same as $8.50 hour, nursing-assistant wages.
WHAT COULD HELP; ask the Caretaker to pay you your rent and food and utilities share as wages, and pay him back (or let him automatically deduct) the rent and food and utilities share of the payment.
Instead of $250 week, request that he pay $850/week but then AUTOMATICALLY deduct on the paycheck (1) $350kwk for rent, $150/wk for food and $100/wk for utilities. The cost to him is the same, but when you request Unemployment Insurance when you are terminated, earnings records will show you got $850/week instead of only $250/week, and you'll be entitled to three times the Unemployment Insurance.
The worst the employer can say is 'no thanks'.
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