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Getting sued by a client

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Massachusetts resident here. This is a little convoluted so my apologizes.

My wife was a home health aid. Her client wanted to take a trip to Ireland (where my wife is from). The client bought the tickets, nothing in writing if the trip was canceled she would pay her back. My wife's employees are awful to dea with. They offered her her 40 hour pay check but no expenses (housing or food) and we would have to foot the bill ourselves which we cant afford.

All while this is going on my wife finds out she's pregnant. We have been trying many years and my wife and I do not feel comfortable with her flying since she's already had one miscarriage.

Her client has threatened to sue unless we pay her or provide a doctor's letter saying she can not travel (which our doctor has already said they wont do).

Is there any legal ground she can sue for the cost of both tickets since this was her offering to pay for the flight?

Again sorry for the long story thank you for any advice.
 


Zigner

Senior Member, Non-Attorney
Your wife committed to the trip, and on the basis of that commitment, a ticket was purchased. I can certainly see a case for your wife being responsible for that.
 
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quincy

Senior Member
Massachusetts resident here. This is a little convoluted so my apologizes.

My wife was a home health aid. Her client wanted to take a trip to Ireland (where my wife is from). The client bought the tickets, nothing in writing if the trip was canceled she would pay her back. My wife's employees are awful to dea with. They offered her her 40 hour pay check but no expenses (housing or food) and we would have to foot the bill ourselves which we cant afford.

All while this is going on my wife finds out she's pregnant. We have been trying many years and my wife and I do not feel comfortable with her flying since she's already had one miscarriage.

Her client has threatened to sue unless we pay her or provide a doctor's letter saying she can not travel (which our doctor has already said they wont do).

Is there any legal ground she can sue for the cost of both tickets since this was her offering to pay for the flight?

Again sorry for the long story thank you for any advice.
I am a bit confused as to who bought what for whom.

How soon is the trip? Can the cost of the tickets be refunded, in part or in whole?

Generally when you commit to a purchase, you are expected to pay. There tend to be penalties for breaching agreements, both written and oral.
 
I am a bit confused as to who bought what for whom.

How soon is the trip? Can the cost of the tickets be refunded, in part or in whole?

Generally when you commit to a purchase, you are expected to pay. There tend to be penalties for breaching agreements, both written and oral.
The client bought the tickets for both of them.
The trip has already passed. My wife never actually committed to the trip. She discussed the trip said she needed to hear how her boss would deal with this since it's a work trip. In the mean time the client bought the ticket.
 
Your wife committed to the trip, and on the basis of that commitment, a ticket was purchased. I can certainly see a case for your wife being responsible for that.
My wife told her not to pay for the ticket until she had a clear understanding from her boss about compensation for the trip (housing and meals) she told the client not to purchase them til then. The client purchased them anyways
 

HRZ

Senior Member
IF there is some medical risk involved...it might be easier way to ice the situation to find a different physician who writes a letter / RX advising against air travel

I can see a point that employee who refuses to travel as part of job is fired ...but I don't think rembursement of employer prepaid travel tickets is a slam dunk for employer point. And the unilateral statement of you get paid for 40 hours in not necessarily consistent with employment law in MA unless the actual time working or on immediate call is 40 hours or less.

AS posted, she might be smarter to just pay for a written very conservative medical point of view
( Been there with daughter and her lengthy pregancy problems but it was about business travel late in pregnancy to places with very limited medical resources ..not what you seem to post)
 
I appreciate that and will look into it thank you. U fortunately there is no direct medical risk but after trying for several years and having already had a miscarriage we dont want to risk it. Thank you for your advice
 

HRZ

Senior Member
Sorry, I missed the update that this is a done deal trip. ...and that apparently the client is not the employer.

IF the client has a beef..take it up with the employer !
 

xylene

Senior Member
The client should have insured the tickets or purchased refundable ones. The failure to do so does not obigate you, even if you had agreed to. Which I find very tenuous

And under what possible theory of theirs: why would you owe for their ticket?
 
The airline said they would not refund them unless a doctors note was provided saying she could not medically leave. I would have to look but I believe there was insurance purchased but it was not allowed for a reason I dont know.

The woman is extremely mad. My wife has also lost her job over this.
 

HRZ

Senior Member
Hindsight being perfect....a couple of my friends work as home health aids ...some for people who want/need help 24/7 ..and they cannot be out of voice rang...they. Get paid for all time .
 

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