Announcement

Collapse
No announcement yet.

Back pay and overtime after termination. California

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • R. Bell
    started a topic Back pay and overtime after termination. California

    Back pay and overtime after termination. California

    I have a unique problem which is primarily about how to collect a lot of back pay with overtime from the estate of an employer who died recently.
    I was asked to be the in home primary caretaker for a 95 year old woman with Dementia. She was quite ambulatory, and, until a few weeks prior to her death, patrolled her home like a security guard.

    The deal presented to me was to be there at night and help her up when she fell. Also, since all of her family was in Germany, someone needed to care for her and when she died, to make the appropriate phone calls to her family. I was told that only a few months, at best, would be required since her health was rapidly failing.

    What began as a few hours at night became a 24/7 live in caretaker job in a matter of weeks. The responsibility for this woman in every aspect of her day and night fell to me. She would live to be 99, falling just short of her 100 birthday.

    The compensation was $500.00 per month. Initially, that was ok because the duties expected of me were minimal. However, I quickly became her only caregiver. After a few months of no sleep, no time off, no outside life, it became clear that that her life expectancy would exceed what I was told it would be.. 4 years later, still receiving $500.00
    Last edited by R. Bell; 12-14-2015, 12:01 AM.

  • eerelations
    replied
    If they're sending you money from Germany, you can pretty much guarantee they won't be deducting taxes etc. from it. (They probably wouldn't be able to even if they wanted to.)

    What you do is complete and file a tax return and enclose what you owe in taxes with the return.

    Leave a comment:


  • R. Bell
    replied
    Last post

    This will be my last post on this matter due to a new development. The family in Germany has offered to compensate me for unpaid wages retroactive to two years. The offer is less than was seeking, but is not unreasonable. I am inclined to accept the offer and move forward.

    Also, I will make sure the appropriate agencies are notified so that all taxes and any penalties are properly deducted.

    Thanks to all who took time from their day to share their wisdom with me. The information I garnished from this forum has been immensely helpful.

    Have a nice day,

    R.Bell

    Leave a comment:


  • eerelations
    replied
    And keep in mind that the character of the woman you were caring for (mean and nasty), her expected longevity, and all of the other qualifiers you've written about, have nothing whatsoever to do with whether or not you are owed back wages and overtime pay. Just letting you know this in case you think the CA DLSE will be interested - they won't be. All they're interested in is whether or not you were paid appropriately, and if you felt you weren't being paid appropriately, what you did about it.

    Leave a comment:


  • eerelations
    replied
    Actually, we very much understand your situation and there's really nothing else we can say to you except:

    The only thing you can do now is to file a wage claim with the CA DLSE. However, if you choose to do this, you will be asked more than a few uncomfortable questions (such as "Why didn't you ask for more pay?" and "Why did you continue to work there for so long after it became evident you were working far in excess of what you were being paid for?"), and you will expose yourself to a possible investigation by the IRS.

    If you're OK with having to answer uncomfortable questions by a state regulatory agency, and if you're OK with being investigated by the IRS, then by all means file a wage claim with the CA DLSE. If you're not OK with either one or both of these situations, then don't file a wage claim with the CA DLSE.

    Really, it's as simple as that - file a wage claim or don't file a wage claim. (And you have been advised this at least several times.) There are no other options, including posting here. Posting here will not get you your back pay, nor will it provide you with any other avenues of redress. Period.

    Leave a comment:


  • R. Bell
    replied
    response

    Thanks for all the input. The information and opinions expressed have given me more than one perspective from which to approach my issue. Also, I have a better understanding of how to convey information to a legal community. (which I think I did a poor job of) If I confused a contributor, Please forgive me. I tried to provide accurate information and appreciate all of help Posted to this thread.

    clearly, I should rethink this whole mess. More than likely, I'll have more questions and when I do, I'll be back here looking for answers.


    Sincerely,


    R.Bell

    Leave a comment:


  • Betty3
    replied
    It's your decision whether to file a claim for what you believe are wages due & contend with questions & "possible" consequences of doing so.

    Leave a comment:


  • cbg
    replied
    I don't believe there's too much more constructive advice we can provide here. We appear to be going around in circles.

    R. Bell, if you believe that you are due back pay and overtime, your recourse is to file a wage complaint with the state. Please be prepared to answer some of the questions we have asked here. The state will decide whether you have asked for too much or not enough.

    Have a good day.

    Leave a comment:


  • R. Bell
    replied
    response

    Yes! I suggested the nursing home many times. The family had no problem with it either. However, the patient was not supposed live past a week much less four years and they felt it was not best for a person at her age to die in a strange place when something as imminent as her death could occur in the comfort of her home. Had they known she would have almost made it to 100, she would have been put in a home. Also, I was told much later that a concern about acclamation to a home due to her disposition was a factor in the decision to keep her in her home.

    I made mistakes about compensation, I see that. But, I did not quit because I sincerely felt responsabile for this woman. Now that she has passed, I am only trying to recoup a portion of what they never found the time to make right. No one disputes my commitment or the crazy amount of hours I worked.

    I get the impression that you feel I took advantage of this situation. Not true. I never wanted the job. Wanting to be paid for hours worked, or a fraction of the hours worked does not make me a bad person, or does it?

    Thanks for responding. Your input is enlightening and is helping to shape my actions. R.Bell

    Leave a comment:


  • R. Bell
    replied
    response

    You are correct, of course. I could have continued to say no. Or, as you suggested, walk out on her and let some one else deal with it. However, when I originally took the job, the logistics worked. I was able to work both jobs. The problem began when I no longer could do both jobs because of the extra responsabilities. I hope you are not suggesting that I don't feed her because Meals on Wheels stopped bringing her food. Or, when the laundry service no longer took her soiled linens and clothing, washed them and delivered them back to her door, free of charge. I should refuse to handle these things because I wanted to renegotiate the agreement. Those are only a few examples of what I called extra. The time it takes to accomplish such duties is substantial . For one woman I easily put 3-4 loads of laundry.

    You understand that normally, 24/7 care requires anywhere from 2-6 workers. I was paid to be there from 8:00 at night until 8:00 in the morning. Then I could leave and work my day job. That only lasted for about 3 weeks. I certainly did not anticipate a schedule like the one I ended up with. Quit? This woman needed full time care. Should I not expect to receive the absolute minimum pay the law provides for? I only asked for 12 hour a day pay even though my time usually was 20-22 hrs. Every day. Do you think I am asking for too much?

    Leave a comment:


  • eerelations
    replied
    Originally posted by ElleMD View Post
    The law doesn't change because of the disposition of your employer. If this poor woman was suffering from dementia she likely wasn't in full control. No one forced you to take this job. Or to stay at this job. Or to wait two years to talk to the grandson/his mother. General grumbling about the work is not mitigating damages. The fact that you didn't want to look for another place to live has nothing to do with your situation. You were welcome to look for another job/home, quit, not take this job, keep your old one and look for a different second employer, or any number of other avenues.
    Like button.

    Leave a comment:


  • ElleMD
    replied
    The law doesn't change because of the disposition of your employer. If this poor woman was suffering from dementia she likely wasn't in full control. No one forced you to take this job. Or to stay at this job. Or to wait two years to talk to the grandson/his mother. General grumbling about the work is not mitigating damages. The fact that you didn't want to look for another place to live has nothing to do with your situation. You were welcome to look for another job/home, quit, not take this job, keep your old one and look for a different second employer, or any number of other avenues.

    Leave a comment:


  • HRinMA
    replied
    Under the law it doesn't matter if she was the most evil person on the planet or Mother Teresa.

    You had a choice and you chose to stay. Perhaps if you left the family would have been forced to accept she needed round the clock care and moved her into a facility that could take care of her.

    Leave a comment:


  • R. Bell
    replied
    I did actively tell her that I was doing a completely different job from what we agreed. She acknowledged that every time. There has never been a dispute about how much time was required to care for her. In fact, they would often make statements like "It's only going to get worse" or "I don't know how you do it". No one, including her primary physician, saw her living to be just shy of 100. Also, the person who paid me, referred me to the family for a raise. It would be 2 years before the grandson became available to talk to. He always claimed that it was between me and his mom.(daughter of K.H.)

    I turned this job down a few times. When no one would work for her or tried to and quit, she would come back to me because she knew i was in the market for a second part time job. Also, K.H. had begun to recognize me since I was routinely having to check on her at night or whenever i got a call requesting me to check on her.

    This may or may not matter from a legal perspective, but, I am compelled to mention this. K.H. was one of the meanest, most hateful, and hurtful person I have ever known. Ever! Her family, most of all her grandson, despised her and wanted nothing to do with her. She allowed me no visitors and if my daughter came by with my grand children, I could only see them in the garage. She would still open the door from the house to the garage and demand that they leave. I t was a very unpleasant experience and I made so many sacrifices to accommodate her. Should I have quit? Probably. That is what the ones before me did. But, I was moved in, my other job could not make a schedule for me that allowed me to do both. If I quit now, I'm jobless and homeless. So, I continued to stick it out through what I assure you, many would not and did not. I am not exaggerating. She was a bitter, awful woman. Add Dementia to the formula and the nastiness always bubbled over. She once attacked me with her walker as i cleaned her urine from the floor. On another occasion, she entered my room as i slept and attacked me with a fly swatter. I kid you not. From those kinds of incidents came my chronic sleep issues. It's been a month and I still don't sleep for more than a few hours at night.

    They were never able to hire a relief person to allow me a chance to sleep or to handle personal matters. But i was told they were trying to. so, it was me and only me, 24/7 365. Every single day of the year. I could have walked. what kind of person leaves a little old lady to fend for herself? I am not one who quits because things are difficult. I am a veteran as well. Sorry for the rant, but, I just wanted everyone advising me to know the conditions i dealt with every day and night. It should account for something when evaluating who I am.

    Leave a comment:


  • DAW
    replied
    Agreed with the other answers. Past that there is a hard requirement under FLSA and most states that employees actively try to mitigate problems. Not talking to anyone before this, letting the so-called problem run this long without making any apparent effort to fix and other things mentioned do not sound like mitigation. Plus FLSA has a 2-3 statute of limitations, as do most states.

    Leave a comment:

Working...
X