Deceased employer owes employee unpaid wages

[yoyos1ws]

I live in California, my employer passed away, can I sue the Trust for the unpaid wages owed, since her son isn't honoring are Employment Contract?

 

[adjusterjack]

Contradiction alert.

Your title refers to employee and wages.

Your post refers to "my client" and employment contract.

Please clarify if you were a W-2 employee or were in business for yourself providing services for a fee.

 

[Just Blue]

I live in California, my employer passed away, can I sue the Trust for the unpaid wages owed, since her son isn't honoring are Employment Contract?

Would you please answer AdjusterJack's question...Thanks..

 

[yoyos1ws]

Would you please answer AdjusterJack's question...Thanks..

Would you please answer AdjusterJack's question...Thanks..

Actually I have corrected the error that AdjusterJack had kindly pointed out in my post. I apologize I wasn't aware it was necessary to comment back

Contradiction alert.

Your title refers to employee and wages.

Your post refers to "my client" and employment contract.

Please clarify if you were a W-2 employee or were in business for yourself providing services for a fee.

I was not in business for myself I was an employee. Thank you for bringing this error to my attention, it is much appreciated.

 

[yoyos1ws]

I am in California, my employer passed away. The employment contract we signed and that she had notarized, states that as compensation I was to receive either her home or wages earned while employed from the period of: Start date 02/01/2015 till the time of her death. The end date of my employment was: 06/14/2018 when she passed away. Her son decided to sell home and told me at that time I could remain there until it sold, and at that time he would "take care of me". The house hasn't sold but he had me served with a 60 day notice, no warning, no reason, no explanation and no mention of the wages I am owed. I recently found a copy of the most current Will she had written out and notarized in 2010, but he didn't lodge her Will with probate, instead he filed the old Trust from 1991 which named him as the sole beneficiary, in the Will it stated he was to inherit $5000.00. I tried to lodge the copy of the Will I found but probate only allows the original and would not accept the copy. I don't know what to do can I make a claim against the Trust?

 

[Zigner]

In your other thread, you state that a trust was in place. The creation of a new will after the trust is formed doesn't (necessarily) invalidate the trust. You will need to make a claim against the estate...and it's quite possible that the estate has nothing with which to pay you.

 

[quincy]

I responded previously to this thread but deleted my post to wait for the clarification on your employment. Although my previous response was similar to Zigner's - suggesting you file a claim against the deceased employer's estate - I still would like more clarification.

Is the place where you were employed still in operation? Perhaps under the control of the son of the deceased employer?

The answer changes if the business did not die with the death of the employer.

 

[Zigner]

I responded previously to this thread but deleted my post to wait for the clarification on your employment. Although my previous response was similar to Zigner's - suggesting you file a claim against the deceased employer's estate - I still would like more clarification.

Is the place where you were employed still in operation? Perhaps under the control of the son of the deceased employer?

The answer changes if the business did not die with the death of the employer.

I suspect that the OP was some kind of caregiver...but your questions are still valid and the matter needs to be clarified by the OP.

 

[quincy]

I suspect that the OP was some kind of caregiver...but your questions are still valid and the matter needs to be clarified by the OP.

I suspect the same because in the original post (pre edit) yoyos1ws mentioned the deceased as his "client."

The employment relationship may need to be better defined. The reading of the exact terms of the employment contract, that the son is said to not be honoring, might be necessary.

 

[Dandy Don]

Why did you choose not to accept payment (in cash or by check) for your services?

Who wrote the language of the employment contract?

Has the trust been filed with the county courthouse probate court?

If so, have you seen the trust? What does the trust say should be done with the house?


Trusts also have an obligation to pay the decedent's debts, and there is no court designated form to use, but the request must be properly worded.

Discuss this with a trust lawyer so you can be sure it is done properly.

For your own information, please review the information at the following link:

https://www.orangecountyestateplanninglawyer-blog.com/trust-creditor-rights-claims/
*******************************************************************************************************************

 

[yoyos1ws]

I responded previously to this thread but deleted my post to wait for the clarification on your employment. Although my previous response was similar to Zigner's - suggesting you file a claim against the deceased employer's estate - I still would like more clarification.

Is the place where you were employed still in operation? Perhaps under the control of the son of the deceased employer?

The answer changes if the business did not die with the death of the employer.

I was employed by the family and mother to take care of "mom" in 2015. She had broke her hip and needed help, she didn't want her family to place her in an Elder Care facility or Convalescent Home as she aged and required around the clock care, she hired me to ensure she would be allowed to remain at home till her death, that was the main term of the employment contract she had me sign, it said that "I agreed to provide the necessary daily care required to assist her in meeting any and all needs to allow her to remain in her own home". My employment ended in her home on the day she passed away on June 14, 2018.

 

[quincy]

I was employed by the family and mother to take care of "mom" in 2015. She had broke her hip and needed help, she didn't want her family to place her in an Elder Care facility or Convalescent Home as she aged and required around the clock care, she hired me to ensure she would be allowed to remain at home till her death, that was the main term of the employment contract she had me sign, it said that "I agreed to provide the necessary daily care required to assist her in meeting any and all needs to allow her to remain in her own home". My employment ended in her home on the day she passed away on June 14, 2018.

Thank you for providing the additional information.

So, how much are you owed?

 

[Zigner]

How much money are we talking about here?

 

[LdiJ]

Thank you for providing the additional information.

So, how much are you owed?

And, who has been paying the bills at the house? What is the going rate for rent for a similar home? Apparently you received full room and board the entire time you lived there, including the 10 months after your employment ended. If you have been given 60 days, then apparently you will have gotten a full year of free rent and possibly utilities.

 

[yoyos1ws]

I suspect the same because in the original post (pre edit) yoyos1ws mentioned the deceased as his "client."

The employment relationship may need to be better defined. The reading of the exact terms of the employment contract, that the son is said to not be honoring, might be necessary.

The following is the exact terms of the employment contract. The title reads as: "LIVE IN CAREGIVER CONTRACT" it states,
"This is to make sure all rules, responsibilities, and daily expectations are outlined so we are all on the same page. A "daily schedule" is included so we are all clear on what is expected on a daily basis. The contract below is subject to change.
This contract, executed on 01/28/2015 between the XX Family, and YM , has the following terms of employment. This contract is signed by D and JS and YM.
1. Employment begins on 02/01/2015 and will continue till either party decides to terminate employment.
2. Worksite [address removed]. Room and board are provided by employer and shall be free of charge.
3. A vehicle shall be provided for errands and transportation to appts. The insurance, vehicle repairs, maintenance and fuel shall be paid for by employer.
4. Work schedule may fluctuate. Employee agrees to be available by phone at all times in case emergency assistance is needed.
SCHEDULE AS FOLLOWS:
Monday/Wednesday?Fridays: Begin Shift: 9:30 a.m. Shift Ends: 10:30 p.m.
Tuesday/ Thursday/Saturday: Begin Shift: 9:00 a.m. Shift Ends: 10:30 p.m.
Breaks are from: 1st Break: 12:00 p.m. to 1:30 p.m. 2nd Break: 4:00 p.m. to 5:30 p.m. Each day.
Sundays Off
IMPORTANT: When leaving, turn off lights make sure that all doors are locked and house is secured each night.
RESPONSIBILITIES: 1. Personal care: Help with walking/assist with transferring in and out of bed/chair. Toileting, bathing, dressing, and personal grooming this includes brushing hair and teeth, trimming fingernails and toenails, etc.
2. Meals: Prepare and serve food, assist with feeding when necessary, clean up after meals.
Saturdays (see D) for weekly meal planning/snack menu for the following week. (Make Shopping List)
3. General Duties: Keep bathrooms clean, empty trash (Monday take big cans to curb). Feed and help clean up after pets, make beds daily. Wash dry and fold laundry (as needed). Tuesdays, housecleaning, dust, sweep, mop floors. Wash the windows and vacuum (as needed). Maintain outer areas of house, mow rake, and sweep driveways and sidewalks. Keep trees and bushes trimmed, watered and pruned.
4. Shopping and Errands: Saturdays or Mondays (check w/D) Run errands, get groceries for the week (See Shopping Lists). Help D put away groceries if needed.
Employee will transport to appts. She will aide and assist in and out of vehicles. (Advance Notice will be given prior to appt date and time)
COMPENSATION*: I, D and my mother JS wish to remain in our home at [removed address] till our deaths. We do not want to be placed into an elder care facility or convalescent hospital for any reason this is against our wishes. YM agrees to these terms and is willing to provide the necessary daily care required to assist us in meeting any and all needs to allow us to do so.
*We agree by the signing of this contract that YM has agreed to accept the property at [address removed] as compensation for wages earned during her employ with us, she agrees to defer compensation of wages till after our deaths. I, JJ am the sole owner of this property, D is the beneficiary of this property listed in my Final Will dated Sept. 17, 2010. **D has no children, and so does agree to make YM her benefactor upon her death. No one may contest my Final Will.
**If either party terminates employment, or for some unforeseen reason Y is not considered as a benefactor as the terms of this contract have stated, she agrees to and shall be compensated a fair wage of $16.00 per hour minimum.
All parties agree that by signing this contract everyone shall be fully bound and are all in agreement to the terms that are set in this contract.

 

[yoyos1ws]

And, who has been paying the bills at the house? What is the going rate for rent for a similar home? Apparently you received full room and board the entire time you lived there, including the 10 months after your employment ended.

And, who has been paying the bills at the house? What is the going rate for rent for a similar home? Apparently you received full room and board the entire time you lived there, including the 10 months after your employment ended. If you have been given 60 days, then apparently you will have gotten a full year of free rent and possibly utilities.

I apologize my desktop is glitching I will switch to laptop and cross fingers. Be back shortly , Thanks

 

[quincy]

Okay. Way too much personal identifying information in your post.

I reported your post to have real names edited out of the contract. I should have warned you to remove identifying details.

The following is the exact terms of the employment contract. The title reads as: "LIVE IN CAREGIVER CONTRACT" it states,
"This is to make sure all rules, responsibilities, and daily expectations are outlined so we are all on the same page. A "daily schedule" is included so we are all clear on what is expected on a daily basis. The contract below is subject to change.
This contract, executed on 01/28/2015 between the [X Family], and [yoyo], has the following terms of employment. This contract is signed by [X Family Member 1 and 2] and [yoyo].
1. Employment begins on 02/01/2015 and will continue till either party decides to terminate employment.
2. Worksite [address removed, Ca.]. Room and board are provided by employer and shall be free of charge.
3. A vehicle shall be provided for errands and transportation to appts. The insurance, vehicle repairs, maintenance and fuel shall be paid for by employer.
4. Work schedule may fluctuate. Employee agrees to be available by phone at all times in case emergency assistance is needed.
SCHEDULE AS FOLLOWS:
Monday/Wednesday?Fridays: Begin Shift: 9:30 a.m. Shift Ends: 10:30 p.m.
Tuesday/ Thursday/Saturday: Begin Shift: 9:00 a.m. Shift Ends: 10:30 p.m.
Breaks are from: 1st Break: 12:00 p.m. to 1:30 p.m. 2nd Break: 4:00 p.m. to 5:30 p.m. Each day.
Sundays Off
IMPORTANT: When leaving, turn off lights make sure that all doors are locked and house is secured each night.
RESPONSIBILITIES: 1. Personal care: Help with walking/assist with transferring in and out of bed/chair. Toileting, bathing, dressing, and personal grooming this includes brushing hair and teeth, trimming fingernails and toenails, etc.
2. Meals: Prepare and serve food, assist with feeding when necessary, clean up after meals.
Saturdays (see Family member) for weekly meal planning/snack menu for the following week. (Make Shopping List)
3. General Duties: Keep bathrooms clean, empty trash (Monday take big cans to curb). Feed and help clean up after pets, make beds daily. Wash dry and fold laundry (as needed). Tuesdays, housecleaning, dust, sweep, mop floors. Wash the windows and vacuum (as needed). Maintain outer areas of house, mow rake, and sweep driveways and sidewalks. Keep trees and bushes trimmed, watered and pruned.
4. Shopping and Errands: Saturdays or Mondays (check w/ Family Member 1) Run errands, get groceries for the week (See Shopping Lists). Help [Family member] put away groceries if needed.
Employee will transport to appts. She will aide and assist in and out of vehicles. (Advance Notice will be given prior to appt date and time)
COMPENSATION*: I, [Family Member 1 and my mother, Family Member 2] wish to remain in our home [address rremoved] till our deaths. We do not want to be placed into an elder care facility or convalescent hospital for any reason this is against our wishes. [Yoyo] agrees to these terms and is willing to provide the necessary daily care required to assist us in meeting any and all needs to allow us to do so.
*We agree by the signing of this contract that [Yoyo] has agreed to accept the property at [address removed] as compensation for wages earned during her employ with us, she agrees to defer compensation of wages till after our deaths. I, [Family Member 1] am the sole owner of this property, [Family Member 2] is the beneficiary of this property listed in my Final Will dated Sept. 17, 2010. **[Family Member 1] has no children, and so does agree to make [Yoyo] her benefactor upon her death. No one may contest my Final Will.
**If either party terminates employment, or for some unforeseen reason [Yoyo] is not considered as a benefactor as the terms of this contract have stated, she agrees to and shall be compensated a fair wage of $16.00 per hour minimum.
All parties agree that by signing this contract everyone shall be fully bound and are all in agreement to the terms that are set in this contract.

Post quoted above has been edited.

You will need the contract personally reviewed by an attorney in your area. I do not think it can be enforced as written.

 

[yoyos1ws]

And, who has been paying the bills at the house? What is the going rate for rent for a similar home? Apparently you received full room and board the entire time you lived there, including the 10 months after your employment ended. If you have been given 60 days, then apparently you will have gotten a full year of free rent and possibly utilities.

Okay. Way too much personal identifying information in your post.

I reported your post to have real names edited out of the contract. I should have warned you to remove identifying details.


Post quoted above has been edited.

You will need the contract personally reviewed by an attorney in your area. I do not think it can be enforced as written.

Omg, Thank you it didn't occur to me to censor my post at all, do I need to do anything go back and edit ti or anything? I apologize for asking but I'm brand new to this site and for some reason the way its set up with responses and responding had me a little confused, hopefully I am not annoying anyone, and i hope you all know how much I appreciate the feedback good or bad.