Follow
Share

I'm wondering if anyone knows what legal responsibility the home care company has regarding this. A caregiver they employed for a short time (maybe 7-8 months) was my aunt's sole caregiver. She came a couple of hours, twice a week. She did NOT do a good job, sat around instead of doing the tasks set out for her, pressured my aunt to initial checklist items as completed that weren't.



My cousin and I are both out of state and going by what my aunt tells us, along with a family friend who checks on her regularly. We were working with the company on how to deal with the situation. The company was trying to work with this person to develop her into a better caregiver, but had doubts about her willingness. Then the caregiver up and quit herself. Problem solved?



No. In monitoring my aunt's phone activity (long story, past history of falling for just about every phone scam out there) I noticed this former caregiver calling her. I called my aunt to see, and she said she's also been "stopping by unannounced" telling her she's pregnant, can't afford her car payments, can't pay her bills etc. We're all very concerned.



We informed the home care company and they are concerned as well. They are no longer her employer, but the owner called and told her this is making my aunt, her family and them very uncomfortable. The woman agreed to stop contacting my aunt.



Then she turned around and called my aunt, told her everything the owner had told her about her and us all not wanting her contacting her, being nervous she was wanting to ask for money. Then she told my aunt she would be stopping by again soon! We are furious!



My cousin and I are willing, and about ready to call this person ourselves and tell her she is not to make any further contact or there will be legal action against her. But we feel the company may have some legal responsibility for hiring this person and perhaps not screening her carefully enough.



Is it their responsibility to take this matter in hand so that we don't have to?

This question has been closed for answers. Ask a New Question.
Get a restraining order.
Helpful Answer (1)
Report
LosingItToday May 2023
Working on that with local police. Thanks!
(1)
Report
I think the agency has gone beyond what they needed to. This person quit their employment. They cannot be held responsible for her actions. Your Aunt has to say No to her visiting and not allow her in when she shows up. Keep her doors locked. She is to give this woman no money or anything. If she does she will keep coming back. Maybe call the police in the area and see if Aunt can do a restraining order. Or, that a police officer can go to the womans address and tell her to refrain from contacting your Aunt. Does Aunts phone have the ability to block? The newer landlines do. Of course cell phones do.
Helpful Answer (3)
Report
LosingItToday May 2023
Her landline has been restricted for years. Much to her displeasure! But her cell can't be because it's not a smartphone and her subscription is an old one that won't block. More to that story that I won't go into here. I agree SHE needs to not allow this person any contact. We're just not at all confident she'll turn her away, and we are all in faraway states from her.
(1)
Report
Call the police!!! Call. The. Police.
Helpful Answer (0)
Report
LosingItToday May 2023
I did this morning right after posting this. They have given some good advice. Trouble is, it will depend upon my aunt cooperating. Always a big question mark.
(0)
Report
try this:
go to settings on your aunt's phone. silence all unknown calls, and also block the caregiver's number. and tell your aunt not to open the door to any surprise visits.

"My cousin and I are willing, and about ready to call this person ourselves"

go ahead. there's no reason to wait. do it right now :).
take matters into your own hands; that former company won't help you.

speak in a calm, nice way (because people can and do retaliate in subtle ways, so be careful). withhold your number when you call her. i'd keep it simple, "we wish you well, but please don't contact my aunt. she/we don't want contact with any former caregiver, not just you. we thank you for your caregiving in the past."
Helpful Answer (3)
Report
LosingItToday May 2023
We've had her landline restricted for several years. Unfortunately, when this woman couldn't get her on that line, she did call on her cell, which due to it's being an old non-smartphone, can't block any numbers. Her having a smartphone would open up SOOOO many more problems, so not going there. I like your "script" and will use it!
(1)
Report
check with your state dept of economic security division of senior care/law. if the person is licensed categiver or not, this dept should take a report to District Attorney. you can also contact medicare and social security for fraud protection. you may also get a restraining order from local police dept.
Helpful Answer (3)
Report

The company seems to have gone above and beyond. They wouldn't have responsibility for the future actions of someone that quit their employ some time ago.

I think a restraining order from the police is appropriate right now. Be aware that people break restraining orders all the time, and the caregiver may not heed it. But often it puts the fear of God into them and they get scared and stop contact.

I wouldn't advise talking personally or any personal contact with the caregiver. That could have consequences you wouldn't like, such as their seeking you out and starting an argument. They could be armed. You don't know.

You should think about helping your aunt find a facility where she can live from now on. If she's falling for scams, her judgment isn't good. Do you really trust her to know when to keep bad people out of her home? She could be prey to others besides this caregiver, and her safety is at stake.
Helpful Answer (3)
Report
LosingItToday May 2023
I called her local police and they suggest that we, her family, call and specifically tell her to stop contact, and that if she doesn't we will be contacting the municipal prosecutor. I am in another state, but totally willing to do that. You are right, her judgement has not been good for many years, if ever honestly. Another story for another time. LOL. We are very aware that she is vulnerable and naive, but she also refuses to go to assisted living so far and I am not power of attorney. Just doing my best with what I can offer.
(2)
Report
I also had this happen with an agency caregiver, who was beloved by the agency. I am on moms bank accounts and noticed that she wrote a check for $400 to this woman (agency was paid by LTC ) . Found woman on FB and noticed all her”likes” had to do with casinos. Called mom & told her the woman was likely a compulsive gambler. Mom said “oh she told me that, she is reformed” Mom had already been robbed by prior caretaker, who I dissaproved of. Mom said it was just a loan. It was put back, but moms agency service got suspended due to bedbugs, and the woman started working off the books. When I reported this to agency,they did not believe me until I sent check copies. They retained the woman, but insisted she never contact mom again and watched her delete # from phone. A year later the woman contacted mom, thank god she told me. I called agency, who said she was a contract worker. I told them to tell her I was consulting with moms niece (a New Jersey lawyer) and that I would get on a plane from OH, come to her house and press charges. These people need to be threatened…
Helpful Answer (3)
Report
LosingItToday May 2023
Oh my gosh! That is all horrible! This road is really hard, isn't it? Especially from far away.
(0)
Report
Thanks everyone for all the input. It has helped. Now that we're in contact with the local police, I think we have a path forward.
Helpful Answer (2)
Report

I had asked our agency not to allow a particular worker to return to our home because I didn’t think that she was a good fit for my mom.

This woman texted on my phone and asked why couldn’t she care for my mom. It was unsettling to see this person contacting me. I completely ignored her text messages because I felt that I didn’t owe her an explanation.

I felt that this worker was out of line to contact me directly and that she could discuss her employment situation with the agency.

There was another worker at the agency who was a perfect fit for my mom and I requested for her to be my mom’s caregiver.

I was fortunate that she didn’t push the issue when I ignored her text. Had she continued I would have asked her not to contact me again.

You had every right to contact the police. I don’t think the agency can do anything else though because she is no longer an employee of their company.
Helpful Answer (0)
Report

BLOCK the number.
You can talk to the police about getting a restraining order.
I think if she is no longer employed by the agency they do not have any responsibility at all.
I do not think the Agency has a legal responsibility if the employee went through the hiring process that was supposed to be done.
And if she was terminated they can not tell you "why" all they can tell you is that she is no longer an employee.
Screening only goes so far. It does not show everything and if a person is a real "whack job" that can be covered up for a while, eventually there is a point where everything falls apart though.
If I were you I would contact this person myself. If for no other reason than they will then have your number as well.
If blocking the number does not work and the restraining order does not work then a "nice" letter from your Aunt's attorney should take care of it.
If your Aunt does not have a video doorbell I would have one installed and even from a distance you can see who comes and goes, if this person shows up call 911 immediately.
Keep in mind, even though I mentioned a restraining order that is "just" a piece of paper.
Helpful Answer (0)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter