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wenfitz215 Asked August 2019

I signed up to be a caregiver for someone and she keeps cancelling but pays me for my time anyway. Is that legal?

mollymoose Aug 2019
When my mom was under a home health contract, the company wanted a notice if the worker wasn’t needed for the day, but it wasn’t required because “things” come up. And the company NEVER charged if the worker didn’t work, also meaning the worker didn’t get paid. Also, they requested if the contract was cancelled, a notice be given, but again, it wasn’t required & there wasn’t a financial penalty for abrupt cancellation of the contract. But, That was home health & every company is different.

If this is happening EVERYDAY, and the lady is signing off that you are working, when you’re not, both you & the company could be in trouble if someone else gets involved. But maybe not, you really need to find out your company policy. I can see that they’d be very happy as they are still getting paid, but the lady already has mental issues so this seems really unethical. Do you know if a social worker is involved with the client?
wenfitz215 Aug 2019
Yes she sees a worker and several other medical professionals. I’ve helped her some and contact her every day to check in on her. She is super nice, funny and sarcastic but she cancels quite frequently. She wanted someone or between two people 60 hours a week. But I can do 20-25. My friend who also works for our company signed up to help her but the lady only wants me to come over... Anyway I wrote in to the go between who put me in contact with her, Everything I read goes back n forth between yes I can get a few hours if she cancels without any notice. And possibly will not be approved. I was just wondering if any one knew. Sounds to be like there is no concrete yes or no. Thanks for writing in!
Midkid58 Aug 2019
I was contracted to spend 4+ hrs per day with my client. If for some reason I didn't get 24 hrs notice or I showed up and she wasn't there, I'd first: find her! and second: see if I was needed. Often it was a mix up in the calendaring, but I had planned to work and deserved the money.

A contract is a contract. I never had a problem enforcing it.

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NeedHelpWithMom Aug 2019
That’s odd to me that she has canceled over and over. She must not want you to be there. Who is hiring the caregiver? Is it her directly or a family member? If it is a family member I wonder if they know that the service is continually cancelled. I agree with cwille that she clearly isn’t interested or something mysterious is going on with her. Does she seem ‘normal’ to you?
cwillie Aug 2019
Even if she hired wenfitz215 herself it could have been because she was being pressured by someone, many times have I read on the forum about someone's parent continually cancelling things they have arranged.
cwillie Aug 2019
It really sounds as though this woman doesn't really want a caregiver, were you hired directly by this woman or was there a third party involved, possibly a family member? If someone else is involved then they may be ticked off if you are accepting pay without providing any services, so be prepared to deal with the fallout.

Sendhelp Aug 2019
She may be just getting to know you, slowly. Learning to trust you.

You are actually doing the work she gives you to do. Try not to minimize it.

wenfitz215 Aug 2019
Hmmm, not sure what the contract says. I guess I will take a look and see if it mentions this. Thanks for that suggestion.

Sendhelp Aug 2019
If she cancels on the same day, you should be paid, imo.
Can you contact whoever arranged the job, an agency, a social worker, or a family member?
wenfitz215 Aug 2019
Yes I sent them an email and they havent gotten back with me yet. It is always the same day of service that she cancels. Today she has me printing off some paperwork and putting it under her door. Literally a 5 minute thing for me to do and she pays me for 6 hours. I just dont know if this is allowed. Never worked for someone like this before.
NeedHelpWithMom Aug 2019
Does she tell you why she is canceling? That’s odd.
wenfitz215 Aug 2019
Yes its always something... Once she had a bad day. Then it was she was sick. Then it was she had Ecoli. Today its I have an appointment and I forgot to make you a key.

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