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I'm a disabled veteran. I was asked to be the live in overnight caregiver for my friend Brian. So I moved from Texas to California to help out. I work from 7am to 7pm and get one night off a week. I just asked for another day and it doesn't seem they want to give me the second night off. I also run errands during the day when I'm not too tired. I get paid 8 of the 12 hours worked on my night shifts. I pay half the utilities. The rent is taken out of my pay, they don't pay me 4 of the 12 hours I work each night. I get paid 12$ an hour. I buy my own food. I have a service dog that stays with me. I'm not on the lease, and don't get much rest or personal time. I cook, clean, cut his hair and nails once a week, turn him at night every 1 to 3 hours as needed, provide medication according to instructions, and stretch him and provide assistance on request. The company sends him the check and then he pays me. I've been working for 3 months now and haven't gotten a single check on time.

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You said “the rent is taken out of my pay”. Therefore you aren’t being paid the full amount workman’s comp is paying, your friend is illegally withholding that money. You aren’t being paid for all hours worked either.
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You wouldn’t qualify for California state unemployment. You aren’t actually an employee, you’re receiving compensation through your friends workers compensation benefits and you are an independent contractor. That’s likely how and why they have you down as family member. You’ve never paid in to the state unemployment fund either. You really need to file a complaint with the Labor board and consider returning to Texas. And if you have the information for the workmans comp insurance, report
the fraud being committed here. Your friend is committing fraud by keeping part of the money paid to you! This is so much wrong with this situation and you are being taken advantage of. And I don’t buy in to theory that your friend may have little money and that’s why he’s withholding money from the amount workman’s comp is paying you. In this state, workmans comp benefits are not taxable so your friend is receiving his full normal pay and it’s TAX FREE so he’s being paid more while not working. Considering how high state and federal taxes are, he’s likely bringing in quite a bit more than he would if he was still working.
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Sky84ms Jun 2020
I'm I'm worried that if I file a complaint I'll get fired before I have something else lined up. I can't just go back to Texas, I don't have anywhere to go back to. I turned in my apartment, and I got rid of all my furniture and everything else I didn't think I would need. Since they said that they were going to provide a furnished room.
I I do know for a fact that my friend isn't keeping any of the money though. They send him an itemized statement of my hours that they're paying so that he can transfer the money to me. I pick up the checks from the mail, and open it to make sure that everything is correct, and then I give it to my friend so that he can deposit it. Once the deposit has hit his bank account he automatically pays me straight through my Paypal invoice that I send him.
I I feel like the workman's comp company is the one that's committing fraud. We were both under the assumption when we agreed to their terms oh, that the check would be mailed it to me under my name. He's going to have to get a lawyer to because they're not providing him with everything they're supposed to be providing him with.
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The conditions you are working under are NOT legal.
You are being taken advantage of.
If you need help yourself to get out of this situation you might want to contact the VA.
I would also report them and or the agency to the State.
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Sky84ms Jun 2020
Thank thank you for your response. I did just contact the VA, per your advice. They're going to have someone call me later today. I'm not even sure if it's illegal. Anytime they made a change I went along with it. It wasn't until I tallied up all the changes that I noticed what they were doing. The daytime caregiver said that it wasn't illegal oh, that it's a workman's comp loophole they're using. That they wouldn't have any trouble replacing me. I got scared that I would lose this job before I had something else lined up, so I didn't complain. Again thank you for the advice, hopefully the VA can help me.
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Sky
If you negotiate a private contract then you may have terms and conditions that suit the two parties involved. But the key is you need a contract that clearly states the terms of your agreement. You appear to have wanted to change the terms by asking for a second night off. “They” seem to have changed the terms by not paying on time, cutting your pay and billing you for utilities and rent....and wanting you to run errands on your own time. Who provides the transportation?
Did these changes happen one slowly over time or have you allowed it from the beginning? Were these items discussed prior to your taking the job? He (they) may think you have no choice but to accept the revised terms? Save your money. Renegotiate and ask for the job requirements in writing.
Perhaps your friend has little money himself. He may feel he is entitled to keep a portion of the money that comes to him but then again if it comes to light that he is not using the money for what it’s intended, he may be putting this benefit in jeopardy. Not sure how that works.
If you had to come from Texas to Ca to take the job, he must have had a difficult time finding takers.
Think this through carefully. California vs Texas for the weather is not all bad. I hope you can work it out if you enjoy your old friends company.
Thank you for your service.
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worriedinCali Jun 2020
If there is contract or agreement, it doesn’t matter if the OP wanted to change the terms. The agreement violates the law. You can’t have a private employment agreement that violates California law. And San Diego weather is comparable to Texas—bloody hot! ;)
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By law, at least where I live, you should be paid for every hour you work. In my province you would be paid $12/hr for the 8 hours, $18/hr (time and a half) for the next 3 hours and $24/hr for anytime per 11 hours in a day. For a total of $174 per day, less any employment deductions (taxes etc). Actually you would be paid more in BC as minimum wage is $14.60 per hour.

As a live in caregiver, you do not pay rent, nor utilities.

It is reasonable that you pay for your food.

You should have time off according to your local employment laws.

Why is the company not paying you directly? Are they paying the employment taxes? Is Brian keeping the difference?
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worriedinCali Jun 2020
It sounds Like the “friends” caregiver services are paid for by insurance. That’s the only reason the friend would be issued a check and then have to pay the caregiver.
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You shouldn’t be paying rent and they are violating the law by not paying you for every hour you work. California has pretty tough employment laws and your “friend” is violating more than one law! You need to decide to whether or not you want to stay in California and work for this “friend”, or go back to TexAs. You should consider contacting the labor board to file a complaint.
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Sky84ms Jun 2020
Who who would I file the complaint about though? I don't deal with my friend Brian and he doesn't control my schedule. Paradigm, which is the company that handles his workman's comp claim is the company that tells me what to do.
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