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I'm one of two live-in caregivers who work for an elderly couple. Recently after finding many bottles of alcohol either emptied or filled with water, (yes water), the family decided to install a camera and quickly caught her!

She was paid on Friday by a family member, (which was the norm for this caregiver) and then on Sunday the camera went off and took still shots of her drinking. On Sunday - the last day of her weekly shift - she was fired.

The next morning, after receiving an accounting of how much alcohol was actually consumed during her short time being employed, my boss Mr. L, decides to put a stop payment on her last check; hoping to recoup some amount of what she drank. A few days later, she calls wanting to know what is going on with her check. She's given a clear explanation, hangs up, then calls back. She says, in essence, that he can't do that and if that's how it's going to be, then Mr. L will have to pay her a daily amount until she can

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Be very careful and knowledgeable before you mess with labor law - what seems fair is not always legal. This could be a case where saving a penny will ultimately cost you a thousand bucks.
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Drinking alcohol while at work must be illegal for neaely everyone, not just pilots.
If you're a paid caregiver, I would think you could be arrested for endangering a vulnerable adult.
Alcoholism has nothing to do with it--alcoholics are not prevented from prosecution. Theyll get treated for their disease AND they'll get prosecuted.
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I agree with the comments about stop payment. It is actually not legal or ethical to do that. She should be paid for time worked. People do this all the time but it is not a good idea.

Also if she is working for an agency, she would not be fired due to alcoholism. It is considered an illness. I would pay her and then let the agency know. If she is an independent Caregiver, just pay her and let her go.
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This is a strange situation. To tell the truth, if I had been stealing liquor and drinking on the job, I would be too ashamed to press for anything. I don't know what the legalities are in this instance. I am just surprised the caregiver would press, given that she had been caught doing something illegal and unethical in her situation.
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He can't put a stop payment on her paycheck. He's just using the booze as an excuse not to pay her. It's not his responsibility to punish her. She can sue him for that money. And win.
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Wait a minute. What are the terms of your employee contract? Is this thru an agency? Is the drinker an independent caregiver?
Since you pay her directly I assume this is an informal non-agency arrangement, with no written contract. So there is no reason you should continue to have this caregiver working for you at all--fire her outright, if she wants to sue you for breach of contract she can produce the contract....(none)...and you can bring your videotape showing her drinking on the job which will raise the judge's eyebrows so high they'll have to scrape them off the courthouse ceiling.
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She is right, he can't. If she stole booze, he has to press charges and settle in court. As far as firing her, if the state requires due process, progressive discipline and written notice, he could be stuck for wages too.
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So, why are you involved in this?
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