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    Honeygirl01's Avatar
    Honeygirl01 Posts: 2, Reputation: 1
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    #1

    Oct 19, 2012, 09:57 AM
    What are your legal rights as a live in house keeper?
    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's Avatar
    Honeygirl01 Posts: 2, Reputation: 1
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    #2

    Oct 19, 2012, 09:58 AM
    What are the rights of a live in housekeeper in California?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    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's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Oct 19, 2012, 11:35 AM
    And it's 60 days in California under certain circumstances.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #5

    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    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's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Oct 19, 2012, 11:55 PM
    Scott is correct, if fired, you would soon lose your place to stay also.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #8

    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Oct 20, 2012, 05:37 AM
    Quote Originally Posted by joypulv View Post
    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #10

    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's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #11

    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #12

    Oct 20, 2012, 04:52 PM
    Quote Originally Posted by LisaB4657 View Post
    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.

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