Nanny got hurt on job needs professional advice?
My friends wife has worked for this family in the Orange County area for the past three years, she recently hurt her back at work and he all of sudden only needs her two days a week. She notified them that her back hurt went home called in the next day on the third day she went in and left home early to go to doctor. Doctor gave her a week off the boss told her he was thinking about taking her down to two days a week anyway and that she should call him back in a week to find out what his decision is.
I contacted workers comp for him and they said she has to file a claim with them with his company. He of course has paid her under the table for the past three years telling her he ahs been taking out taxes. She’s really clueless but a really nice lady, he won’t give her the home owners insurance companies name or anything. She should be 100% in a few weeks but meanwhile no check no nothing. Any advice or refer to a good attorney would be helpful for her family. (is there a way to get the home owners insurance company name?)
Thanks and I hope that you all have a wonderful Holiday!
File a claim with the State of California, Department of Industrial Relations here:
http://www.dir.ca.gov/workers%27_comp.html
While she’s at it, she may want to find out if she’s being paid properly. She can also file a wage claim.
If he won’t provide the name of the homeowners’ insurance company, there’s nothing she can do, short of filing a lawsuit and seeking the information through civil discovery.
Contact the Orange County Bar Association for a referral to a personal injury attorney (Aitken Aitken & Cohn and Russell & Lazarus are two plaintiffs’ PI firms that do well [friends who are attorneys have dealt with these two firms]).
“He of course has paid her under the table for the past three years telling her he ahs been taking out taxes”
has she claimed the income and filed her tax returns?
if she has then the employer obviously has told her the truth otherwise she would have known that no withholding was paid after the first year.
if she has not claimed her income she is in violation of the law. the taxpayer/employee is responsible for claiming their earnings when they file.
she probably does not want to go down that road if she has not filed or claimed the income……….
the employer should have insurance and if the employer will not provide that information she can look into filing in small claims court for the injury just as if she was not doing casual labor. she also could consult an attorney but again that may end up opening a can of worms.
casual labor is totally legal when the person being paid properly claims their income, when they don’t they put themselves at risk for a situation such as this.
casual labor is NOT regulated by labor laws and therefore the link provided by ‘Princess Leia’ is probably useless….give it a try but don’t expect her to get any help through that route.
Hello MarsBar,
There is a fraud line for workers comp stuff like that.
The employer is supposed to be withholding income tax, workers comp, etc. He is also supposed to file reports to the government.
So really he could be in a world of hurt if he is reported. I’m sure he could be reported both the the bureau of labor and to the IRS.
That is the “advantage” you have against him. The disadvantage is that there is no “paper trail.” Also he is not a large corporation so the government may not bother with him.
Depends……..did she file tax’s and social security……….if not if she wants to fight this shes gonna take some serious licks too……..think about it………..if she didn’t file a 1099 for 3 years there is no recourse for stupid……………sorry………
If she had been being paid legally as a household employee, with the employer paying the employer taxes, this would be covered by workers comp. Oh, well……
Are you saying that he was deducting taxes from her paychecks, but not remitting them to the IRS and the state? That would have him in major trouble. Or did he just say originally that he’d deduct taxes, and then not do it?
Has she been filing tax returns and paying taxes for these 3 years? If not, she has a major problem also.