What rights do I have as a live-in employee that has been unpaid for 2 months and is now being evicted?

Get Legal Help Today

 Secured with SHA-256 Encryption

What rights do I have as a live-in employee that has been unpaid for 2 months and is now being evicted?

The gentleman I live with asked me to come live with him and he would pay me $600 a month for my companionship. He has not paid me for 3 months and now he is evicting me. What can I do?

Asked on August 9, 2010 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) If you had an employment agreement with this person, even a verbal one, it is enforceable--if you did legal work, you have to be paid for it.

2) If room and board is part of your pay, you are a tenant in that regards, and you can only be evicted when your lease is up and not renewed (though if there's no written lease--i.e. it's an oral lease--it's a month to month; only 1 month's notice is required), or when you either breach the lease in some way or when your employment, on which the lease is dependent, ends. If room and board is not part of the employment, you can be evicted more or less at will, as long as the proper procedures are followed.

3) Note that some employment agreements are not enforceable, including any one that involved intimate conduct or favors. Being a home aid of some kind, assisting in day-to-day activities, etc.  is valid work and you need to paid for it; agreements to provide certain other kinds of "companionship" are not. (e.g. if the companionship is that which a significant other would provided).

You don't describe what the work was, but if you feel it was the sort for which you can have a valid employer-employee relationship, then speak with an attorney--you may have a legally enforceable right to be paid.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption