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?

What are the rights of a live in housekeeper in California?

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

And it's 60 days in California under certain circumstances.

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.

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

Scott is correct, if fired, you would soon lose your place to stay also.

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.

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.

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.

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)

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.