We really don't know what the situation is, the details and so forth. What was the reason for your mom not wanting her? Abuse and/or danger is totally unnecessarily to assume, as many of us here jumped to the conclusion. Maybe your mom just doesn't like her anymore, or had mood changes, or didn't want to do something prescribed by a doctor that caregiver attempted to do; the reasons could be endless. This can happen to the next caregiver, and the next one after that, and so on and so forth; even you might be the next one in line. You might want to look into the causes.
In any case, if your mom want her caregiver to leave, so be it. However, you want to do this amicably. Put yourself in the caregiver's shoes; apparently she was a live-in, and now is requested to leave immediately without a notice. Had she worked for a company, she would've been given a 2-week notice at least. Offer her some compensation. She is practically thrown out in the street without a proper notice. The courts might view her as a tenant so you need to give her a notice.
Don't accuse her of any wrongdoing if you know for the fact there weren't any. Ditto for the danger.
I personally would Not offer her Any compensation! She has Already received her compensation by living in the house, rent Free, After she was asked to leave. My Aunt was Not happy with 'her' Caregiver and no longer wanted her in her home. And that Caregiver just WOULDN'T leave either! And so my Cousin finally had to make a phone call to the police and they, very politely, assisted her Out. There was No problem, simple as that! Your Mom's well being and security comes FIRST! Nothing else matters! And the Very last thing your Mom should be enduring right now is to feel Uncomfortable in her Own Home! By the way, my cousin also filed a Restraining Order against my Aunt's live-in, and... CHANGED the LOCKS!!! Please, please! Do this and let us know how you made out. Do Not allow One more day to pass by before doing this!! And the sooner you do the faster you'll have your home back and have Peace restored for your Mom and yourself! The 'Rights' are All on Your Side!!!
Depends on where you live. In NYC a person who has been in residence for 30 days could be considered their legal residence. If the caregiver receives mail there, that is ammunition against you. You may have to go to court and evict the caregiver. Check the laws in our city/state first before you remove her. You may be able to do this online. You don't want to be charged with illegal eviction and possibly pay an exorbitant fine. (In NYC illegal eviction can very costly.)
Thanks, Macada for the gentle but clear way of suggesting my comment was a bit condescending. I apologize for that risk - and yet I would still make my comment to add in a hesitating voice, for I find a widespread trend for people to look to the law to deal with matters of goodwill - and I believe we underestimate the vastness of different experiences in our society, and how gigantic gaps lead to millions of misunderstandings, across culture, class, race, generation, sometimes gender - and that it is not so easy to hear alternative sides in the middle of contention. I've worked years in home care and find that different caregivers bring different talents, most trying to help. Families also care, but have many different vantage points, degrees of distance across time and location, different relationships with their parents, even differences among siblings. So when it comes to supervising caregivers, some of those gaps in perspectives come in - I'm not condemning use of the law but I didn't hear any comments asking why the caregiver refused to leave. I know, it's not her right, she's a hired employee, and all the rights are with those who hired her. I just didn't hear any word in the original question or subsequent comments, about what process the caregiver would expect, in terms of ejecting her. Many assume that structured conversations have taken place, and maybe I should have mentioned that possibility and spoken less broadly.
You might want to consider offering this person a small settlement or severance payment. Perhaps they have nowhere to go and need an inducement to leave peacefully and willingly. Might be easier in the long run than putting your mom through the trauma of police intervention.
Do not touch her, but let the sheriff's officer do that. Say when you call you have a tresspasser on the property. You don't give us many details, so it is hard to really answer this in an intelligent way. Did your mother give her permission to stay? Is your mother competent to make decisions? Is this a private live-in situation or did you hire her through an agency? Many questions unanswered...
Castle.. nobody is rushing to PUSH someone out. Our comments are based on the initial question/comment that was posted based on the assumption that Jacobs did speak with the caregiver in a "structured" conversation. You nor I know what the reasons are for the caregiver being fired but the facts are that the person was asked to leave and won't. So further action needs to be taken. With all due respect I found your comment to be a bit condescending.
I cannot imagine that by structured conversation you cannot resolve the issues and come to an agreement the person will honor. I find it so troubling that so many people rush to any means to PUSH someone out instead of focusing first on steps to understand the situation from the other person's perspective. People follow contracts and laws, and ultimately, that is the ultimate decision maker - but the perspectives are so disparate from caregiver to family members in so many instances, and many times, the fragile person plays to one and also plays to the other, or those two parties meet very different needs of the same person. I understand rights and schemes and illegal issues, and abuse, all those possibilities. But society rushes to that perspective, and a caregiver has no one to speak for them. My suggestion is to give her a written notice, but put a section on it asking for her opinion. It cannot hurt to hear it, and you may learn something. You can THEN see if she says anything that would change your mind, or tell her you appreciate her perspective but will stick to your decision, be honest and say that you want things done differently, or you want different communication or whatever is the issue, and call in whatever troops you find necessary to enforce it.
First call the agency and the police to have her removed. Then file a restraining order against her. She should not be allowed 200 feet near your home or your family. It does not matter how long she has been there or what the contract says. That is is she is proven to be harmful or threatening toward your persons. Consult an attorney.
You don't say if she has a private contract with you or has a contract with the agency, or neither. If she has a contract, what are the terms of the contract. How long has she lived there and what happened to get her fired are all determine whether you call the police or not. If she stole from you or abused one of you then call in the police and get a police report and get her removed with an order of protection. Too many unknowns here, I would not remove and leave property outside until I knew what was what, and then only after written notice given. Cover your buttocks for small claims court, in the meantime get her out and how you do it is determined by what she did and how much of a danger she is to you.
First things first - call the police and find out what's and if you have to give her written notice, don't change the locks until you find out what your rights are and what her rights are. If you are unable to get the information you need from the police, the court system on line usually has information on landlord-tenant disputes, which this may fall under. In addition to being a caregiver, she may be considered an implied larger or implied tenant. Arizona treats workers differently than a lot of states, so it may be simple to replace her. If she has done anything untoward that makes you fear for your mothers or your safety, ask the police to come out to make a report so its on record.
Call the agency they work for, or if not agency then call the cops! You certainly don't need to be worried about this individual on top of all your other responsibilities!
In any case, if your mom want her caregiver to leave, so be it. However, you want to do this amicably. Put yourself in the caregiver's shoes; apparently she was a live-in, and now is requested to leave immediately without a notice. Had she worked for a company, she would've been given a 2-week notice at least. Offer her some compensation. She is practically thrown out in the street without a proper notice. The courts might view her as a tenant so you need to give her a notice.
Don't accuse her of any wrongdoing if you know for the fact there weren't any. Ditto for the danger.
call the police and find out what's WHAT,
she may be considered an implied LODGER