Deceased employer owes employee unpaid wages

[Zigner]

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

I agree. I think that this is unenforceable from both an employment standpoint as well as from a probate/estate standpoint.

 

[quincy]

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.

I did what editing was needed when I quoted your post. The moderator can edit the post I reported. Others can read what I quoted to see the contract you and the family members signed.

It appears from the contract that you would be given the home if both family members died. One family member survives.

It will be hard to figure $16/hour wages for all years you were employed as caregiver.

The contract seems unenforceable. At best, it is a confused mess.

 

[PayrollHRGuy]

I too agree but that doesn't mean that somebody doesn't owe Yoyo a whole lot of wages at $16.00 per hour plus a significant amount of overtime. Who that somebody is will need to be sorted out. It might be the estate.

You need a lawyer familiar with Califonia wage and hour law.

 

[quincy]

I too agree but that doesn't mean that somebody doesn't owe Yoyo a whole lot of wages at $16.00 per hour plus a significant amount of overtime. Who that somebody is will need to be sorted out. It might be the estate.

You need a lawyer familiar with Califonia wage and hour law.

I agree having a lawyer look over the facts of employment and the contract is necessary.

Trying to prove hours worked will be difficult at best. And the fact that yoyo will have lived in the home one year past termination of employment is an added complication.

This is not something that can be sorted out easily. Payment terms might not be enforceable at all.

 

[PayrollHRGuy]

The agreement while probably useless against anything to do with the will does show an agreed upon work schedule and there is no reason at this point to believe he didn't work something at least close to the agreed upon hours. Add the fact that the agreed upon hours may even be illegal in Califonia and you never know what CaDIR will do.

 

[quincy]

The agreement while probably useless against anything to do with the will does show an agreed upon work schedule and there is no reason at this point to believe he didn't work something at least close to the agreed upon hours. Add the fact that the agreed upon hours may even be illegal in Califonia and you never know what CaDIR will do.

There is a lot that is wrong with the contract as worded.

 

[PayrollHRGuy]

Agreed and while it likely doesn't rise to the level of an employment contract it could serve as proof that a job was offered, with a wage rate and accepted as well as a look at the hours worked at least to the point where the "employers" would be required to prove that the OP didn't work the hours agreed. I've seen much more conservative state departments of labor go to town with much less.

 

[quincy]

Possibly. I have my doubts that the contract will be held as proof of much of anything.

 

[yoyos1ws]

[/QUO
I took care of all the expenses for the entire household, utilities, the groceries, pet food for 1 parrot, 4 lil dogs, 1 big dog and a cat that belonged to them, prescription and medical expenses not covered by there insurance, adult diapers, hygiene, gas, vehicle maintenance and anything else that was needed, he sent me $1000.00 from the $1335.00 his mother received from SSI. to cover all of this. No I didn't pay rent, I received room and board nothing else. The rent for a home similar to this in the same area is $1100 to $1500 per month, thank goodness its paid for because the son would probably have charged me rent too work for his family too.

 

[Zigner]

I took care of all the expenses for the entire household, utilities, the groceries, pet food for 1 parrot, 4 lil dogs, 1 big dog and a cat that belonged to them, prescription and medical expenses not covered by there insurance, adult diapers, hygiene, gas, vehicle maintenance and anything else that was needed, he sent me $1000.00 from the $1335.00 his mother received from SSI. to cover all of this. No I didn't pay rent, I received room and board nothing else. The rent for a home similar to this in the same area is $1100 to $1500 per month, thank goodness its paid for because the son would probably have charged me rent too work for his family too.

YOU didn't take care of the expenses..."he" did (actually, mom did, through her SSI). You didn't pay rent, rather, you were allowed to live there rent free. In other words, you gained $1,100 to $1,500 in addition to having your other expenses paid for every month.

 

[quincy]

You apparently agreed to those terms. What is now the issue is if you can get anything in addition to what was already provided, based on a contract that seems difficult to enforce, if enforceable at all.

Have the contract and the facts of your employment, up to and including the recent notice to vacate the house, personally reviewed by an employment law attorney in your area. I think that is the only way you will find out where you stand legally.

The attorney can help you file a claim against the estate, if this appears to be your best course of action.

Good luck.

 

[yoyos1ws]

Possibly. I have my doubts that the contract will be held as proof of much of anything.

I did what editing was needed when I quoted your post. The moderator can edit the post I reported. Others can read what I quoted to see the contract you and the family members signed.

It appears from the contract that you would be given the home if both family members died. One family member survives.

It will be hard to figure $16/hour wages for all years you were employed as caregiver.

The contract seems unenforceable. At best, it is a confused mess.
[/QUOTE. It seemed clear to me then but since that time I have learned that probate and employment don't blend together so well when its all said and done. All I know is I kept a record of the hours I worked on my calendar, I didn't expect them to give me the house but I did expect to be compensated. Its crazy I should have been smarter but seriously the son didn't step into the picture till his sister died, and then his mom died shortly after, but I never expected him to have any problem about paying me, he was fine about it until two months ago and it isn't because of a lack of money to pay me. I handled the expenses I know thats not his problem. If my calculations are correct I am owed approx. $158,000 and I didn't even charge all the overtime, I worked the past year. I was working 12hrs days 7 days a week but he wouldn't even come visit so I could have a few hrs. off. The only reason I remained is because I had a contract and made her a promise and I got close to them two when I started working for them. I knew how much it scared his mom to think of being put in some home with strangers especially when she became incontinent, she was a very proud woman, independent and strong when she got to the point she needed assistance for the little things like getting out of bed, dressing and using the bathroom it was hard on her to rely on me and by the time she reached that point she and I were close. There was know way I could leave knowing how she felt.

 

[Zigner]

For $158k, you should have attorney's jumping at this.

 

[yoyos1ws]

YOU didn't take care of the expenses..."he" did (actually, mom did, through her SSI). You didn't pay rent, rather, you were allowed to live there rent free. In other words, you gained $1,100 to $1,500 in addition to having your other expenses paid for every month.

YOUR right, what i meant by taking care of expenses was that I was in charge of managing expenses, so pardon me please, also I don't know where you live but that $1000 of his MOMS $$ barely covered the cost of utilities and thats about it, I paid what that $1000 didn't cover I came out of pocket each month FYI from my money that I collected in rent from a home I own, FYI. I appreciate all your helpfulness with my situation its very enlightening I'm just not sure if its helpful or your just coming off as hateful to me idk I could just be sensitive, you figure it, out since you have all this figured out, and while your at if you should check out the salary a live in caregiver receives and what there job description is. EMPLOYEES don't PAY their employers bills and costs of living expenses its not a part of the employment description and the employees doesn't paay to provide care they get PAID for it, and they also receive FREE ROOM and BOARD in most cases but KNOW where will you find one PAYING $1,100 to $1,500 in rent THATS RIDICULOUS and another thing nobody paid any of my expenses either. MY goodness you act as though Caregivers sit around and eat bon bons all day.

 

[Zigner]

Tell it to your attorney