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View Full Version : What are your legal rights as a live in house keeper?


Honeygirl01
Oct 19, 2012, 09:57 AM
If you are not happy in your current position as a live in housekeeper without a contract, in California what are your rights? If they wanted to fire me, what are my rights if I have been here for 3 years, would I have to move within 30 days or when they fire me?

Honeygirl01
Oct 19, 2012, 09:58 AM
What are the rights of a live in housekeeper in California?

excon
Oct 19, 2012, 10:31 AM
Hello H:

As an employee, you have little.. As a tenant, you have plenty. Yes, you'd have to move AFTER he gave you a 30 WRITTEN notice..

excon

AK lawyer
Oct 19, 2012, 11:35 AM
And it's 60 days in California under certain circumstances.

LisaB4657
Oct 19, 2012, 03:17 PM
In California if you've been living there for over one year then they have to give you 60 days written notice before they can file a lawsuit for eviction.

ScottGem
Oct 19, 2012, 07:19 PM
I disagree. You are not a tenant but an employee. You do not have the protections of a tenant even if you are a live-in. You are entitled to 3 weeks notice after 3 years and one week for each additional year. Your employer can offer you cash in lieu of notice.

A lot depends on the reason for terminating you.

http://www.wcdwa.ca/PDFs/employment_rights_for_live_in_caregivers.pdf

Fr_Chuck
Oct 19, 2012, 11:55 PM
Scott is correct, if fired, you would soon lose your place to stay also.

joypulv
Oct 20, 2012, 05:05 AM
I spent quite a while trying to find an answer to this in CA civil code and can't find one. ScottGem, your link is to a Canadian site for British Columbia.

ScottGem
Oct 20, 2012, 05:37 AM
I spent quite a while trying to find an answer to this in CA civil code and can't find one. ScottGem, your link is to a Canadian site for British Columbia.


Whoops, I just saw West Coast. However, I think the law would be similar. The point is the OP is not a tenant but an employee. I think Labor law will supercede landlord/tenant law here.

ScottGem
Oct 20, 2012, 05:40 AM
This site may be more helpful:

CA Bill of Rights (http://www.domesticworkers.org/ca-bill-of-rights/)

However, it indicates that the rights of domestic workers in CA are few and far between.

LisaB4657
Oct 20, 2012, 09:39 AM
This article by a California attorney says that it depends on whether the courts view the person as an employee or tenant.

To Evict A Caretaker, What Notices, If Any, Do You Need To Serve? Law Offices of Kenny Tan Attorneys Diamond Bar California (http://www.kennytanlawblog.com/tp-101120061525/post-101120083126.shtml)

ScottGem
Oct 20, 2012, 04:52 PM
This article by a California attorney says that it depends on whether the courts view the person as an employee or tenant.

To Evict A Caretaker, What Notices, If Any, Do You Need To Serve? Law Offices of Kenny Tan Attorneys Diamond Bar California (http://www.kennytanlawblog.com/tp-101120061525/post-101120083126.shtml)

Which is exactly what I have been saying. The article seems to refer to an ambiguity between a caretaker and a domestic. And I would agree. There may be some question between a family member taking care of an elder and a domestic employee.

The OP clearly seems to be an employee and not a tenant.