Are you sure you want to exit? Your progress will be lost.
Who are you caring for?
Which best describes their mobility?
How well are they maintaining their hygiene?
How are they managing their medications?
Does their living environment pose any safety concerns?
Fall risks, spoiled food, or other threats to wellbeing
Are they experiencing any memory loss?
Which best describes your loved one's social life?
Acknowledgment of Disclosures and Authorization
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington. Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services. APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid. We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour. APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment. You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints. Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights. APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.I agree that: A.I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information"). B.APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink. C.APFM may send all communications to me electronically via e-mail or by access to an APFM web site. D.If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records. E.This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year. F.You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
✔
I acknowledge and authorize
✔
I consent to the collection of my consumer health data.*
✔
I consent to the sharing of my consumer health data with qualified home care agencies.*
*If I am consenting on behalf of someone else, I have the proper authorization to do so. By clicking Get My Results, you agree to our Privacy Policy. You also consent to receive calls and texts, which may be autodialed, from us and our customer communities. Your consent is not a condition to using our service. Please visit our Terms of Use. for information about our privacy practices.
Mostly Independent
Your loved one may not require home care or assisted living services at this time. However, continue to monitor their condition for changes and consider occasional in-home care services for help as needed.
Remember, this assessment is not a substitute for professional advice.
Share a few details and we will match you to trusted home care in your area:
Whoever paid her bills. People are fired all the time and this doesn't necessarily mean you are responsible for unemployment. Perhaps it depends on how you paid her ... with a check? did you take out taxes? Are you reporting her income? If you are giving her a check as an independent contractor, then NO. She is on her own.
Consult an attorney if this is a potentially huge headache / financial burden. Abandonment is serious.
If you go to the police and make a report of negligence and abandonment; then you can use the report and any other evidence to employment office. You just need proof that she wasn't there and your loved one was under the aide's care/protection.
"If you go to the police and make a report of negligence and abandonment" I'd surprised if you even get past the front desk, let alone a report. That's not a police matter.
In my past experience working in HR and Payroll, if the employee actually files an unemployment claim, the Department of Workforce services, or whatever it is called where you live, will contact the employer, (you or your sister) to verify the individual was terminated and why. Sometimes, if there is a dispute, or the person was fired for cause, there will be a telephone hearing.
Of course, this is all assuming your sister, the employer, had unemployment insurance, which is required of all employers. The employer does not pay out of pocket for unemployment claims. The state will pay benefits to the individual. But, you still have the right to dispute their claim for benefits if they were rightfully terminated for cause.
Whether you are responsible for paying unemployment benefits after firing an in home caregiver for abandonment and tardiness depends on the specific circumstances and the laws in your state. Here are some general guidelines:
Misconduct and unemployment eligibility: In many states, an employee who is fired for misconduct may be disqualified from receiving unemployment benefits. Misconduct typically includes actions like abandonment of duty or chronic tardiness, especially if the employer has provided warnings or a clear policy regarding attendance.
Burden of Proof: As an employer, you would likely need to prove that the caregiver’s actions were a serious violation of workplace policies, they were aware of these policies and the consequences for not adhering to them, and you gave warnings or chances for improvement before termination.
Unemployment eligibility rules vary by state. In some states, repeated tardiness or a single incident of abandonment may be sufficient grounds for denying benefits, while in others, the threshold for “misconduct” might be higher.
If you operate in an at will employment state, you can terminate an employee for any lawful reason, but the termination reason still affects unemployment claims. If the state determines the cause doesn’t rise to the level of misconduct, the caregiver could still qualify for benefits.
Even if the caregiver qualifies for unemployment, it typically doesn’t mean you pay directly. Employers pay into the state’s unemployment insurance fund, and claims might increase your future unemployment insurance tax rate.
What you can do: Review your state’s unemployment laws. Document all issues with tardiness and abandonment, including warnings and policies. Consult with an attorney to assess whether the termination aligns with “misconduct” under your state’s laws.
Ultimately, understanding your state’s specific unemployment laws and thoroughly documenting performance issues can help protect your interests as an employer.
Aquwhi: Most likely you do not have to offer her unemployment pay if there was no contract in writing and she was a private hire whose services you paid for in cash.
Maybe. If you hired her directly as a W4 employee and withheld social security and medicare from her paychecks, you may be responsible for federal unemployment tax (FUTA). It will depend on how much she was paid and how long she worked. You may also have requirements at the state level that depend on where you live. You don't pay unemployment yourself - that's on the state - but you may need to pay unemployment tax. If you hired her "off-books" and didn't pay or collect taxes, you are likely both violating tax and employment law, so it isn't in anyone's interest to pursue unemployment. If you hired thru an agency, it's not your problem.
There may be a rule in your state that requires the employer to pay something if the employee is laid off. My husband was fired once, and when he applied for unemployment, his employer said he was fired for cause and therefore didn’t qualify. Why would they contest if they didn’t have to pay? If you fired that person for cause, you may not have to pay. My husband had to go before an Administrative Law Judge for a hearing. So I would just wait for the state to contact you, fill out the form saying your employee was fired for cause and see what happens.
You have to take out unemployment for a person to be able to collect it. In my state they have to work 13 weeks consecutively to apply. Being fired means waiting longer to collect.
Unemployment is a government program and the government (through your taxes) pays for an employee. Whether they pay or do not pay is complicated. And not up to you. You will only answer questions if asked. So not to worry. None of this is now in your hands. You have fired the tardy worker and you now get on with your own life.
Do know that unemployment rules are specific to both state and federal rules at times, and complicated. Not something you have to think of but if you have an interest in researching you can do so via the internet.
If this person was working with an agency, she would apply through the state. The state would determine if she qualifies or not and the state would pay her accordingly to what she made the entire year and break it up into quarters.
You wouldn't have to pay unemployment out of pocket as long as you were paying the proper taxes for her and issued her a 1099 form so she could go file with the state..
Now, if she was a private aide you hired, she would still have to file a claim with the city and state. Just make sure you give her the proper documentation 1099 form to do so. Working privately or under the table so to speak, I think if she pleads a big enough case, she can get something as long as she has the proper paperwork. I'm not sure how this will work out for her if she doesn't.
She can try to file a file a lawsuit, but what what she have to go on without any documentation?
Form 1099 applies to an independent contractor who runs their own business and pays their own taxes. This is common, but per the IRS it doesn't usually include household workers. You would not be responsible for paying unemployment on an independent contractor. If you hire the employee and direct their work, they may be classified as a W4 employee. In that case, you withhold social security and medicare from their paycheck, and must also contribute an equal amount.
Hi! I suggest that you wait and see if the person you have fired actually does anything other than talk and threaten. If it goes further, please could you use more ‘normal’ language? Sometimes people use what they think are formal or legal terms, which in fact really obscure what is going on, and I suspect that you have fallen into that trap.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
People are fired all the time and this doesn't necessarily mean you are responsible for unemployment.
Perhaps it depends on how you paid her ... with a check? did you take out taxes? Are you reporting her income? If you are giving her a check as an independent contractor, then NO. She is on her own.
Consult an attorney if this is a potentially huge headache / financial burden.
Abandonment is serious.
Gena / Touch Matters
Sometimes, if there is a dispute, or the person was fired for cause, there will be a telephone hearing.
Of course, this is all assuming your sister, the employer, had unemployment insurance, which is required of all employers. The employer does not pay out of pocket for unemployment claims. The state will pay benefits to the individual.
But, you still have the right to dispute their claim for benefits if they were rightfully terminated for cause.
https://www.uschamber.com/co/run/human-resources/can-fired-employees-collect-unemployment
Misconduct and unemployment eligibility: In many states, an employee who is fired for misconduct may be disqualified from receiving unemployment benefits. Misconduct typically includes actions like abandonment of duty or chronic tardiness, especially if the employer has provided warnings or a clear policy regarding attendance.
Burden of Proof: As an employer, you would likely need to prove that the caregiver’s actions were a serious violation of workplace policies, they were aware of these policies and the consequences for not adhering to them, and you gave warnings or chances for improvement before termination.
Unemployment eligibility rules vary by state. In some states, repeated tardiness or a single incident of abandonment may be sufficient grounds for denying benefits, while in others, the threshold for “misconduct” might be higher.
If you operate in an at will employment state, you can terminate an employee for any lawful reason, but the termination reason still affects unemployment claims. If the state determines the cause doesn’t rise to the level of misconduct, the caregiver could still qualify for benefits.
Even if the caregiver qualifies for unemployment, it typically doesn’t mean you pay directly. Employers pay into the state’s unemployment insurance fund, and claims might increase your future unemployment insurance tax rate.
What you can do: Review your state’s unemployment laws. Document all issues with tardiness and abandonment, including warnings and policies. Consult with an attorney to assess whether the termination aligns with “misconduct” under your state’s laws.
Ultimately, understanding your state’s specific unemployment laws and thoroughly documenting performance issues can help protect your interests as an employer.
If you hired her "off-books" and didn't pay or collect taxes, you are likely both violating tax and employment law, so it isn't in anyone's interest to pursue unemployment. If you hired thru an agency, it's not your problem.
Do know that unemployment rules are specific to both state and federal rules at times, and complicated. Not something you have to think of but if you have an interest in researching you can do so via the internet.
You wouldn't have to pay unemployment out of pocket as long as you were paying the proper taxes for her and issued her a 1099 form so she could go file with the state..
Now, if she was a private aide you hired, she would still have to file a claim with the city and state. Just make sure you give her the proper documentation 1099 form to do so. Working privately or under the table so to speak, I think if she pleads a big enough case, she can get something as long as she has the proper paperwork. I'm not sure how this will work out for her if she doesn't.
She can try to file a file a lawsuit, but what what she have to go on without any documentation?