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  • California

    I have worked for an elderly lady for close to 3 yrs & she decided to "let me go" because I haven't been myself she said. I am a mother of 4 and with no notice was let go for no reason and i'm scared because I can't pay my bills and will be evicted soon!

    Can I apply for unemployment? Can I make her claim that I worked for her? I need help & need to know my rights....

  • #2
    Of course you should apply.

    Did she deduct taxes from your pay?

    I take it you lived in her home? Someone posted a while back about a law (I think) in California that required a 30-day notice to evict if one was working in their employer's home. I'll see if I can find it.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      reply

      No, she did not deduct taxes & no I did not live in her home! She has around the clock care and 5 girls all together to cover the 24 hrs which none live there w/her!

      Comment


      • #4
        Were these earnings reported to the State of CA on the form 540?
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          uhm???

          Im not sure-I have not heard of such a form. I have not submitted any form! I'm not worried about getting her in trouble-she has bucks & does not care that me & my kids are hungry & about to be homeless!

          What really upsets me more than anything is that i loved her & did any thing & every thing for her. I spent time away from my kids to make sure she ate well & was comfy. I was her only girl who made sure she had a bath, food, clean home & her healthy...I just dont get people! I worked my "little *** off"...lol!

          Comment


          • #6
            Norska, Form 540 is your individual California Income Tax return. Did you file one and claim these earnings as income and pay taxes on them?

            And you didn't answer my question about whether or not taxes were deducted from your pay? Were they or won't they?

            We're trying to help you, but you need to calm down and answer our questions. We wouldn't ask them if they weren't relevant to your issue.
            Last edited by Pattymd; 10-10-2010, 03:33 PM.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              No, there were no taxes deducted from my pay & she always played a guilt trip as to why she did not do it that way because she said it would cost her $1500 more each month to go to pay roll! I did not claim these earnings either for the same reasons

              Comment


              • #8
                Well, then you each have a BIG problem. She should have been treating you as an employee, withholding taxes and reporting your wages on a W-2 and for unemployment purposes. And you were required to report those payments as income whether you got a W-2 and had taxes withheld or not.

                You can certainly file for unemployment benefits. But you're going to have an uphill battle and it's going to take time to resolve, since she obviously didn't report your wages for unemployment coverage purposes. Do you have a record of what payments you received and when? Did she give you a 1099-MISC at the end of last year showing how much she paid you in 2009?

                Plus, it wouldn't surprise me if the Employment Development Department, which handles payroll tax issues, shares information with the Franchise Tax Board, which handles (among other things) individual income tax. Working "under the table" has its risks and you're seeing them now.
                Last edited by Pattymd; 10-10-2010, 04:55 PM.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                • #9
                  This publication might also be of some assistance.
                  http://nelp.3cdn.net/8a621075a47d9cb32e_q9m6baozq.pdf

                  Where is the father of your children and why isn't he paying (I'm assuming he isn't paying) child support?

                  It was just pointed out to me that you mentioned that you did not live in the lady's home; therefore the reference I made to having to receive a 30-day eviction notice does not apply.
                  Last edited by Pattymd; 10-10-2010, 04:54 PM.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                  • #10
                    Im in a mess!

                    I share time w/father & neither of us pay support and i do not want to burdon him w/my problems!

                    I feel like this lady should have to compensate me for something;no notice to give me a chance to find something else. When any of us girls needed time off for vacation etc., we always gave a 2 week notice!

                    Maybe I should send her a bill for 2 weeks of pay!?! What do you think & what should I write in the letter?

                    Comment


                    • #11
                      Unless I'm totally off base, if you have primary physical custody, he should be paying child support. Regardless, if you're near to eviction, it IS his problem, because it affects his children.

                      Well, you certainly can request severance pay, but unless you had a contract stating she agreed to pay it, she can just ignore your request.
                      Last edited by Pattymd; 10-10-2010, 05:35 PM.
                      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                      • #12
                        ugh

                        Yeah, that is what I figured, but if she does not want me to turn her in to the IRS then it just may be in her best interest

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                        • #13
                          You are both guilty in this situation. She didn't pay you as an employee and you didn't file IC taxes.

                          Both sides could be in a lot of trouble in this situation!
                          Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

                          I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

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                          • #14
                            Agree. Even though she didn't deduct IC taxes, it was your responsibility
                            to pay them on your income.
                            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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                            • #15
                              Originally posted by Norska View Post
                              Yeah, that is what I figured, but if she does not want me to turn her in to the IRS then it just may be in her best interest
                              Oh, that's a really cool idea. Go to the dictionary and look up the word, extortion. Or maybe blackmail.

                              Two wrongs don't make a right.
                              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                              Comment

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