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Unpaid Wages and Eviction: Legal Recourse for Care Providers

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Can an individual sue for unpaid wages for being live in- 24hr on call care provider/home caretaker for an elder couple after the husband passes and then illegally evicted with none of personal belongings and paid for ND prepared all food 

My son and I cared for my mother and her husband for years while health issues increased and unable to care for themselves and home. We paid for all food for whole house and prepared meals and did all upkeep for property even helped with paying some of the utilites when Bill was high. The husband my step father passed after 2 major stroke and my mother and her durable power of attorney illegally evicted my son and myself, after trashing our belongings that was stored in garage. We were forced off property with only the clothes on our backs, and was allowed to have 2 certain friends of my son and no one else 30 mins to get whatever they could in.a 30 min time frame. Have witnesses videos pictures and receipts to verify all these facts as truth. Now the property is to be sold and any remainder property of ours is to be trashed. My question is am I able to sue for unpaid wages for the work my son and I did caring for the home and couple? And is that  considered labor law or civil law?

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2 years 2 months ago, labor & employment law attorneys, Lake Zurich

Legal Solution

The response provided below is specific to labor & employment law attorneys in the jurisdiction of Fresno. If the response is inadequate, please submit a detailed inquiry.

Unpaid Wages and Eviction: Legal Recourse for Care Providers

Understanding Your Situation:
From the details provided, it appears you and your son have undertaken significant caregiving responsibilities for an elderly couple without proper compensation. Additionally, you've faced eviction and loss of personal belongings under seemingly unfair and potentially illegal circumstances. Given this context, your concerns seem to revolve around potential claims for unpaid wages and wrongful eviction.

Relevant Labor and Civil Laws for Fresno

Possible Solutions to Address Your Concerns

  1. Unpaid Wages Claim: Considering the amount of care and support you provided, you could file a lawsuit for unpaid wages. If you had an explicit or implied agreement regarding compensation, it would strengthen your claim. In the absence of an agreement, you can argue for reasonable compensation based on market rates for caregiving services. You should find the right lawyer who specializes in labor and employment laws.

  2. Wrongful Eviction and Property Loss: The manner of your eviction and the subsequent disposal of your belongings may breach civil rights and tenant laws. A legal professional can help you determine if your eviction was illegal and if you're entitled to damages for the loss of your property.

  3. Consider Mediation: Before taking legal action, you may want to explore arbitration and mediation attorneys to try and resolve the dispute amicably.

Average Costs for Legal Services in Fresno

Service Average Cost ($)
Initial Consultation 250
Labor & Employment Lawyer (per hour) 375
Civil Law Lawyer (per hour) 350
Mediation Services (per session) 700

Note on Prices: Costs vary based on the complexity of the case and the experience of the attorney. It's essential to understand any upfront fees, potential additional costs, and the overall structure of legal fees.

Seeking Further Information

It's crucial to gather all pertinent documents, evidence, and details before consulting with an attorney. A more precise overview will enable the attorney to better assess your case. To ensure you're making an informed decision, you might want to compare lawyers in your area.

Questions to Reflect On

  1. Did you have a formal agreement? Whether verbal or written, did you have any agreement on compensation for your services?
  2. Have you kept records? It's crucial to have documents, receipts, or any evidence that can substantiate your claims.
  3. Were there any witnesses? Were there any third parties who could vouch for your services, contributions, or the eviction process?

What is the statute of limitations for unpaid wage claims in Fresno?

It typically ranges from one to four years depending on the specific violation. It's crucial to consult with an attorney promptly to ensure you don't miss any deadlines.

Can I sue for emotional distress due to wrongful eviction?

In some cases, if you can prove that the eviction caused you severe emotional trauma, you may be entitled to damages for emotional distress.

How do I determine the market rate for caregiving services?

You can consult local agencies, caregiving platforms, or professionals in the field to get an estimate of the average hourly rate for caregiving services.

If there's no written agreement, do I still have a case?

Verbal agreements, while trickier to prove, can still be legally binding. Evidence of services rendered, communications, or witness testimonies can help validate your claim.

How do I ensure my rights as a tenant are protected in the future?

Ensure all agreements are written and clear. Familiarize yourself with tenant rights, and always consult with a legal professional if unsure about any terms or conditions.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "Unpaid Wages and Eviction: Legal Recourse for Care Providers" has been changed 1 year 4 months ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Fresno & area of law: labor & employment law attorneys.
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