Am I jeopardizing the caregivers' status as independent contractors vs employees? - AgingCare.com

Am I jeopardizing the caregivers' status as independent contractors vs employees?

Follow
Share

Mom has 3 caregivers, an agency to handle nights and weekends, and 2 people who came as a team to handle weekdays. These 2 are treated as independent contractors and each were issued 1099s for 2014. Our tax person told us that they are not employees because they control how they do their work. One of them became ill over the weekend and cannot work for about a week. She normally would have the other fill in for her. But mom specifically requested that someone from the agency fill in. We are wondering if that could affect how they are viewed as independent contractors vs employees. And to take it a step further, how would it look if my mom wants to keep one and not the other? Are we stuck with having the team or cutting ties with both of them? Mom has known the one who is ill for a long time and really likes her but does not really care for the other. We do not have any type of agreement or contract with them either as a team or individually.

This question has been closed for answers. Ask a New Question.
7

Answers

Show:
Whoops! Sorry. Many, many women here, men are kinda rare.
Helpful Answer (0)
Report

Thank you and I am glad I am here, especially as the son. 8-D
Helpful Answer (1)
Report

JCW, a pat on the back for you and your sister. So many on this site have difficulties with siblings. It is wonderful to hear of two sisters that are able to work together to improve Mom's quality of life!
Helpful Answer (0)
Report

Thank you freqflyer, gladimhere and pamstegma. I really appreciate your quick responses. Mom is 90 yrs old and has had poor circulation in her legs for years due to vein stripping a very long time ago. As a result she had to have a leg amputation on of all days.. Mother's Day 2014. This put the whole family in shock and we really struggled with what to do next and how to do it. A neighbor of Mom's is a retired nurse and had previously offered her services as a caregiver as her previous client had passed away. She has been helping Mom (paid) since January 2014 after Mom had a nasty fall. When it became clear that Mom would need full time care, the neighbor came to us with a proposition to work more hours and cover weekday days with her partner who had also worked with her as a caregiver for the previous patient who passed away. Since they could only cover weekday days, we hired an agency for the remaining hours. Yes, the agency knows about the other caregivers. As to why there is not contract with the two, I can only say that it is regrettably due to our own ignorance and desperation to get things handled quickly. Mom is 2 1/2 hours away and my sister and I have been struggling with full time jobs while taking turns going to Mom's to check in and relieve the caregivers on weekends to save money. She is not receiving Medicaid. So those regs are probably not an issue. But we will check out all the info you have provided and get a contract in place.
Helpful Answer (0)
Report

California enacted new Domestic Workers laws in 2014. Be sure you are familiar with the new law. There is good information on domesticworkers.org website. There are also new federal regulations effective in 2015. You really do need a written contract in the event of a dispute.
Helpful Answer (0)
Report

Interesting your tax person's assessment that they are not employees. My tax person and attorney told me I am an employee. I control how I do the work, but if I did something that was not acceptable I imagine I would be let go, family member or not. Another item to check is Medicaid regs and caregivers cannot be private contractors.
Helpful Answer (0)
Report

If the two caregivers work as a team, it probably would also mean if one is let go, the other one will also leave. Curious why you or your Mom don't have a contract with this team?

Does the Agency know that you are using non-agency caregivers Monday-Friday? If not, I can't see why there would be a problem to contract the agency for just one week. For all they know, you could be the M-F caregiver or another relative.
Helpful Answer (0)
Report

This question has been closed for answers. Ask a New Question.
Related
Questions