My Mother in law is 82 and has decided instead of keeping the in home support company she hired is hiring the in home support person the company sent out on a private basis. My Mother in Law was quite happy with this company until this person came along. Now she has her convinced to hire her and pay her under the table. My husband says, its her money and its her decision. I'm worried about the legal liabilities and her estate is quite large. I know that this woman has already been off on workers comp 2 times while working for this firm. What is the legalality of this? how do I protect her? I do not trust this woman at all, but noone seems to listen to what I see and feel.
2007-03-13 15:36:39 · 6 answers · asked by squeaky4454 1 in Business & Finance ➔ Careers & Employment
Yes, what your mother in law is doing is illegal. I would have serious reservations in letting anyone in the house who even suggested that your mother participate in defrauding the government. The IRS is not the only agency that would not be so happy. While they are not likely to jail her at 82, she could loose her property.
An unrelated fear I would have in your shoes is that this "worker" ends up taking your mothers property from her.
You mmight want to contact a senior advocate association in your area and talk to them. They may be able to intervene and help her protect her assests.
2007-03-13 15:45:09 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Tell your mother NO WAY. First of all we have an epidemic in this country of illegal workers. Not only do they take jobs from us, but there are legal ramifications, especially now. Don't listen to your husband, he just doesn't want to be bothered (nothing personal).
Your mother is vulnerable at 82 years old and you don't really know this woman. You have no safeguards in place if you hire her. Your best interest should be to protect your mother. DONT HIRE HER......I have a bad feeling about your mother's situation. Summary:
1. legal complications down the road
2. your mother's safety in the hands of a stranger
3. no safeguard in place if you hire her
4. Go with you gut instincts.....she's YOUR mother
Good luckl.
2007-03-13 15:44:56 · answer #2 · answered by CC 1 · 1⤊ 0⤋
If it gets discovered (and it usually does) that the woman is being employed by your Mother-in-law; and if your Mother-in-law does not pay state and federal payroll taxes, she is in violation of the law and could be criminally liable for tax evasion. If she fails to report wages she may be guilty of a civil tort under your state laws. The temp agency may sue for tortious interference with contract if she hires one of their employees without compensating the agency.
If she likes the woman and if the temp agency agrees, hire her and pay the taxes.
2007-03-13 15:50:43 · answer #3 · answered by SA Writer 6 · 0⤊ 0⤋
When the IRS finds out about the under the table payments (notice I didn't say if), she will be liable for all the back taxes she should have paid as an employer, plus fines and interest that go with them.
2007-03-13 15:44:51 · answer #4 · answered by Brian G 6 · 0⤊ 0⤋
Why would you think you know better than a woman who is 82? If this is what she wants then you need to support that and not be so concerned about the money. don't you want you mom in law to be happy before she passes? What are you worried you won't get your cut or something? That is what it sounds like, no offense.
2007-03-13 15:42:28 · answer #5 · answered by l'il mama 5 · 1⤊ 2⤋
except she is committing unlawful acts or is deemed mentally risky and desires to be dedicated, there is no longer plenty that is legally completed. A police officer can not order her to leave somebody or end being depressed. A police officer might have the skill to offer suggestion on the placement as quickly as he/she knows what is going on. possibly the guy desires help from the government. although, this is style of inauspicious to call till she crosses the line and tries to harm herself or others.
2016-11-25 01:51:32 · answer #6 · answered by ? 2 · 0⤊ 0⤋