Wll it be hard to terminate a full time health care nurse who takes of my mother off the books at my mothers house?
North Babylon, NY
Viewed 16 times.
Posted 2 months ago in General Practice
Flag as objectionable
My family hired a full time nurse to take a care of my mother at her house.The home care nurse and my mother are the only people living in the house.We did not get her from an ageny.We hired her on a private term.The nurse lives at the house 3 weeks and goes home to her house for 2 days and then comes back to my mothers house for another 3 weeks.ect.ect..The nurse has her own room in the house with all her personal stuff.The family has told the nurse that she is part of the family.The nurse has all her mail sent to my mothers house.The question is if we ever decided to get rid of the nurse,because she is doing a bad job?Can the nurse demand to stay at mothers house because she set her main residence at my mother house or do we have to evict her?
Answers (1)Ronald Anthony Sarno
This attorney is licensed in New York and 1 other state.
Posted 2 months ago.
Flag as objectionable
She is not a tenant, but if you ask her to leave, nothing can prevent her from filing a wrongful eviction suit.
She can claim that part of her compensation for taking care of mother was free room and board. It is uncertain how the court would respond to this suit, but I would recommend giving her a contract for a set period of time. That way if you wait till the end of the contract to ask her to go, it is a lot easier than just letting her go. Hiring someone off the books to avoid payroll takes is a violation of federal and state law. On my profile there are several legal guides. I recommend reviewing the following which may be helpful to you: Hiring a lawyer; Is it Legal? Is it Illegal?...Understanding the different court systems; Legal terms used in litigation……………………………………………………….. Employer/employee disputes. LEGAL DISCLAIMER………………………………………………………………….. Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.
Back to Search Results
Next question: can I sue for wrong reading from ultrasound Previous question: What is the best source for Probate file information? |