I am a live in caregiver. I have a contract if the client died I get 30 days to vacate and one month salary. The client died. Do I get the salary?
The client died 3 days after I moved in. Care never started for husband. The contract I have with wife is I get 30 days to vacate and one month salary. Am I entitled to salary?
Who drafted the contract? An attorney, or the clients? If it was an attorney, I would think that provisions for the scenarios you relate would be included.
Is the contract between the wife and you, or the wife & husband, and you? If the husband wasn't a party to the contract and/or didn't sign, I don't see that it would apply to him at all.
Do you know what their assets are, and who has access to them, i.e., the wife, siblings, adult children?
I would think also that a professionally drafted contract would address the issue of a certain time of employment before the one month salary as well as the 30 day period would apply.
Whether or not you're entitled to the salary would depend on whether or not the husband is bound by the contract, who the wife's beneficiaries are and whether or not the contract is binding on them - i.e., if there are successors and assigns named in any will or trust.
Did you incur costs in moving in besides the cost of transit of your property? Do you have someplace else to stay?
It might be a claim against the deceased wife's estate, if the husband was not a party. However if the wife was very ill, chances are that the husband made the contract.
Whatever you do, you will need to address the situation with great tact, as this wife just lost her husband, presumably much sooner than expected. It will be difficult for you to bring this up immediately without sounding 'your bad news, is at least good news for me' to the wife.
Dear Gail, it’s easy to see this from both sides. Perhaps the contract will stick, but I can’t see ‘judge judy’ being too impressed. A compromise could be a good idea. It depends on what financial risks you took in taking on this job. Treating it as a ‘windfall’ is one thing, being clear about what you have risked is more palatable.
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Is the contract between the wife and you, or the wife & husband, and you? If the husband wasn't a party to the contract and/or didn't sign, I don't see that it would apply to him at all.
Do you know what their assets are, and who has access to them, i.e., the wife, siblings, adult children?
I would think also that a professionally drafted contract would address the issue of a certain time of employment before the one month salary as well as the 30 day period would apply.
Whether or not you're entitled to the salary would depend on whether or not the husband is bound by the contract, who the wife's beneficiaries are and whether or not the contract is binding on them - i.e., if there are successors and assigns named in any will or trust.
Did you incur costs in moving in besides the cost of transit of your property? Do you have someplace else to stay?
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