Legal Question in Employment Law in New York

Can someone not be an employee if they breach their employment contract?

I set up a contract or agreement with someone taken into my home to look after an aging parent stating what their duties were to be. If they egregiously breach the terms of the employee agreement in their care of that person, can they

then be ruled not an employee for the purposes of a WC claim. They were injured in our house? I was wondering if that would have any effect on their employee status.

Thanks much for any replies.


Asked on 6/06/09, 5:22 pm

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

Re: Can someone not be an employee if they breach their employment contract?

No. An employee's failure to perform offers no excuse for the denial of benefits for an on-the-job injury. If the person fails to perform to your expectations then terminate the employee before she causes harm to her self or the persons in her/his care.

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Answered on 6/07/09, 7:04 am


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