I was a caretaker for my landlord and she passed away. I had 19 days pay still coming to me. Who would i give the money thats owed to me to? The executor or the lawyer thats the executor have.The lawyer is the one thats taken care of the living trust I had an appointment with her and she called and said she couldnt see me because shes had an appointment with the trustees. Is she a lawyer for the estate or for the trustees
1 Answer from Attorneys
Pay for in home care workers is a complicated area. If you are an employee, then you needed to be paid on your last day. Penalties are applied for failure to pay an employee on time. There are also wage and hour rules that apply, including breaks, meal times and overtime rules that also may apply and you may have a claim for those in addition to the 19 days you claim is owed.
They may think you are an independent contractor (although in CA, that argument usually loses) and they are treating you like a creditor and they can pay you when they get around to it. You should consult with an attorney about your rights.