California fender-bender!

[Jerome74911S]

Relax, my 911 is okay.

However, can someone please offer an authoritative opinion of this situation?

The daughter of a friend was working for a woman in CA, and getting paid $50 per week, plus room and board, to tend to the woman's elderly father - who really needed full-time care in an assisted living situation at minimum. This 'employment' was near slavery in my opinion, and sounded quite abusive in a variety of ways.

The woman told the young lady to take out the car to do an errand on the woman's behalf. A minor fender bender occurred (no one hurt, but $1,100 car damage). So the woman employer demanded that the young woman pay for this damage out of her $50 per week. The accident was not reported to authorities, nor to the woman's insurance company.

The young lady declined and quit the job. She was attempting to leave the house to catch her flight back to Canada, but the employer would not allow her out until she signed a contract saying that she would pay the damage.

Since the young lady left after this, the employer is threatening to sue. I think the young woman should forget about it, because there is no case, so-called contract, or not. The young woman is 22.

So, what do you think?

[gacook]

Weird situation. I have no legal advice, once I saw the age of the friend's daughter. If she had been under 18, no contract would have held up. Since she's an adult...I dunno. We do have several lawyers on the forum, though...I'm sure the will chime in.

[RonDent]

I don't think that would stand up in court. You can't keep someone from leaving you house. That's real close to false imprisonment. The contract would never hold up. She was forced to sign under deres. Hey, but I'm not a lawyer nor do I play one on TV.

[Porchdog]

It sounds like the woman figured she could abuse your friend since she wasn't a citizen.

Ignore the threat of a suit. She doesn't owe a dime for damage that occurred while she was working.

10 Things HR Needs to Know about California Wage and Hour Laws | HR Hero Line

Demand immediate payment of $550. for each week worked (or more, how many hours did she work in a week?). If she won't pay, File with the Division of Labor Standards Enforcement for payment of the deficient wages.

That "employer" is potentially in a world of hurt.

[Todge]

Either way, it wouldn't matter who was at fault in the collision. Tell the Canadian girl to leave, and let the owner of the car deal with it. It will ultimately come back on the registered owner of the vehicle.
Todge

[look 171]

They aren't going to sue for 1100 bucks. who's going to take the case? Insurance don't care as there is no proof who was driving the car. Get your friend's little girl outta of jail. Are they foreigners? What's a Canadian girl doing that kind of work down here anyway?

[look 171]

Tell her to walk away and forget about the whole thing. lesson learned and move on bigger and better things.

[Scuba Steve]

Originally Posted by Porchdog

It sounds like the woman figured she could abuse your friend since she wasn't a citizen.

Ignore the threat of a suit. She doesn't owe a dime for damage that occurred while she was working.

10 Things HR Needs to Know about California Wage and Hour Laws | HR Hero Line

Demand immediate payment of $550. for each week worked (or more, how many hours did she work in a week?). If she won't pay, File with the Division of Labor Standards Enforcement for payment of the deficient wages.

That "employer" is potentially in a world of hurt.

I like this idea, the employer sounds like a real dirtbag.

[Tobra]

Originally Posted by Porchdog

It sounds like the woman figured she could abuse your friend since she wasn't a citizen.

Ignore the threat of a suit. She doesn't owe a dime for damage that occurred while she was working.

10 Things HR Needs to Know about California Wage and Hour Laws | HR Hero Line

Demand immediate payment of $550. for each week worked (or more, how many hours did she work in a week?). If she won't pay, File with the Division of Labor Standards Enforcement for payment of the deficient wages.

That "employer" is potentially in a world of hurt.

This.

She was driving the car performing the duties of her employment. The employer is supposed to have car insurance that should cover this. It is possible that the insurance excludes coverage for employees, but that is the problem of the a-hole employer. Also, if there is a car wreck with damages in that amount, you have to file a report with the DMV within a certain amount of time, SR-1 or something.

SR-1

A contract signed under duress is not a contract. Technically, if they prevented her from leaving, it is kidnapping. She needs to get her back pay from the employer too.

Where did this happen? Sounds to me like the "employer" needs to find a brick laying in a pile of broken glass in her living room. At the very least, this young lady ought to stir up a chit storm for them, get the state on their sorry asses.

[stomachmonkey]

Originally Posted by Porchdog

It sounds like the woman figured she could abuse your friend since she wasn't a citizen.

Ignore the threat of a suit. She doesn't owe a dime for damage that occurred while she was working.

10 Things HR Needs to Know about California Wage and Hour Laws | HR Hero Line

Demand immediate payment of $550. for each week worked (or more, how many hours did she work in a week?). If she won't pay, File with the Division of Labor Standards Enforcement for payment of the deficient wages.

That "employer" is potentially in a world of hurt.

Agreed.

The girl should tell the "employer" to f off then file suit on her own.

All the employer has really achieved by getting the girl to sign a contract is generate documentation of her, the employers, prosecutable actions.

She basically wove her own noose.

[john70t]

What Porchdog said.
Employer should have paid wages and charged same month-month rent minus $50.
Plus any retainer would cost her more than a grand.

Daughter could get a windfall money judgement, file lien on property, notify credit bureau, and garnish employer's wages if she went the nasty route.
That is the American Way.

But possibly, conversely, the Cali Tax Commission could possibly declare her free room/boarding as an undeclared 'gift' to be taxed from fair market value.
(nobody expects the spanish inquisition.)

Or daughter could choose to walk away. It's up to her.
The ball is in her court and she's swinging with a Wilson Pro with a sweet spot the size of a basketball.

[Porchdog]

I'm no attorney and I generally stay away from California.

As I understand it, (from my previous career) the Cali Labor Standards Enforcement people are pit bulls at forcing employers to make up what they consider deficient wages and imposing fines on top.

If the "employer" knows anything about those folks she likely won't want to deal with them at all.

The girl should have been paid at least minimum wage plus overtime. Room and board could be charged, but that would need to be clearly itemized against earnings.

Besides, I'm fond of the Quebecois.

[pavulon]

Employer is abusive and crazy which has apparently lead her to believe reality does not apply to her.

[cstreit]

The woman didn't report it to her insurance co and neither did the girl?

Seems like the woman was being a tool and the girl was rather naive..

Suggest she ignore it or offer to turn it in to her insurance. A contract signed under duress is not valid. Of course you need to pay lawyers to get there,

[cstreit]

The woman didn't report it to her insurance co and neither did the girl?

Seems like the woman was being a tool and the girl was rather naive..

Suggest she ignore it or offer to turn it in to her insurance. A contract signed under duress is not valid. Of course you need to pay lawyers to get there,

[aigel]

What Porchdog said - the entire work relationship sounds illegal. Was the kid in the US on a non-work visa?

Your friend needs to be more involved in the young ladies endeavors if she is that impressionable and making such poor choices. At age 22 she should know that nobody can keep her in a certain location and blackmail her into signing a contract she doesn't want to sign.

G

[Shifter]

Sounds like the woman thought she hired a Mexican, and got a Canadian.

[Scuba Steve]

Be sure to follow up with what the final settlement of judgment from the employer ends up being!
*popcorn*

[craigster59]

Sue the employer for $15k for injuries suffered on the job (neck injury from accident).

[ckelly78z]

She should countersue for kidnapping, and signing a contract under duress.