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California labor law

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Old 01-30-2008, 12:31 PM     #1
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Unhappy California labor law

My mother became senile but before losing her comprehension she discussed with me her wish to live out her final days at home. I live in Reno, NV 500+ miles away from her home in California so I was obliged to arrange for a live in Caregiver. The woman was not trained formally but she had some experience caring for sick and elderly. Because she was referred to me by a friend of the family I decided to try her out.
After nearly 10 years, my mom passed away the evening of September 27, 07. The morning of the 27th I paid the Caregiver a combined payment of 2 weeks income, grocery allowance and gasoline allowance not realizing my mothers' impending death. Following the funeral I thanked the Caregiver for her work and said I would allow her to remain in the home 30-60 days without rent before I needed to have her relocate. The home was a burden for my family and I needed to repair and clean for a sale.
The Caregiver believed she should be allowed to stay in the home indefinitely without charge, became angry and would not speak to me in person or by phone. Eventually, I was forced to evict her and last November the court found judgement for eviction and damages totalling $1150.
Because of her reaction to my offer and because services stopped upon the death of my mom, I stopped payment on the advance payment.
I just received a letter from the California Labor Commission stating I must attend a conference at Long Beach, CA Feb.7 to review the stop payment issue. In the letter is is outlined that payment in question was for $680 wages, $200 grocery expenses, $80 gasoline expense. They do not mention free room for herself and her child and mother. Nor do they mention the fact that the woman owes me $1150 in the court judgement.
Attending this meeting is a hardship for me. I do not run nor ever ran a business in California nor do I have employees their. I do not think I owe this woman any money.

What can I do to address this problem? Can they force me to pay this woman money I do not owe her? What are the things they have a right to impose against me if I am found to owe her these funds?

Last edited by smiainc : 02-01-2008 at 07:15 PM.
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Old 02-02-2008, 03:21 PM     #2
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Default Re: California labor law

Show them the judgment and all the history of this and ask if you can attend by phone. You do need to pay her if wages are due, but you can collect on your judgment too so maybe it can all be arranged at once.
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Old 02-21-2008, 10:53 PM     #3
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Angry Re: California labor law

Thanks, I just checked my post since returning home from trip to Long Beach for the meeting to discuss the claim made by the caregiver.
The meeting was laborious at best. I took proof of payment and the caregiver brought nothing. I made my case and the caregiver made hers. The mediator asked the caregiver to leave room because she was disruptive. The mediator said the judge would find for the caregiver if I even owed her $1. I do not owe her a dime but my wife who also attended talked me into offering a settlement in the amount of the claim to avoid potential fine.
Believe it or not the caregiver declined the offer saying she had a right to additional sums due to inconvenience and extra cost brought on by her attempt to collect.
I left the room after telling her she would never collect anything from me because I owed her nothing.
Now I await the hearing. I have gathered 12 months of cancelled checks and I even have the last check she cashed which has a note on the bottom in my hand with the date she is paid to which so happens to correspond with the date she was terminated.
I would fee pretty confident if it wasn't in California. Alas, it is!
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Old 02-25-2008, 07:26 PM     #4
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Default Re: California labor law

Let us know how it goes.
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Old 02-26-2008, 06:27 PM     #5
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Default Re: California labor law

I will, thanks again.
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