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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_...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

Originally Posted by joypulv

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

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

ScottGem · Oct 20, 2012, 04:52 PM

Originally Posted by LisaB4657

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

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.