I had a job as a development officer for an educational nonprofit that paid on the first day of the month. I started Monday the 30th. I got a check on Tuesday the 1st for the upcoming month plus the day before. I had previously worked for a bank that paid on the last day of the month. It was a weird system, but just one the many crazy things the organization did.
I would ask why she wants this. There could be a reason, eg she’s in debt and is being threatened. Get details and evidence, and perhaps just a week in advance even if it all makes sense. If it doesn’t all add up, don’t go there!
Well, yes, who WOULDN'T want to be paid a month ahead for a job you never did. Then you could quit on day two and start another job where you got paid for work you didn't do, couldn't you? I would just say no.
Have you ever in your life been paid for the work BEFORE you do the work? When you start a job pay day is after you begin the job not before. (often if you start mid month your first pay check would be the actual payday of the next month and you will get the pay you are due for the previous month at that time.) NEVER pay someone in advance. She can get paid either weekly so if she starts on Jan 2 she would be paid on the 9th. or She could get paid 2 times a month so her pay check would be given to her on the 16th (or there abouts) or She can get paid monthly so starting on Jan 2 her pay check would be Feb 1 or 2. Since this is private pay you can pay her as you want.
Uh, she just talked herself out of a job. That's completely out of line, so find someone else. This won't be the first problem you'll have with this "gal."
Kay, something on all this is just so odd. OK so she’s currently employed till EOM, right? Is it she is retiring from that job? & Is she retiring at FRA (full retirement age 66) for Social Security? or is she younger than FRA? and why is she looking for a live-in position?….. like is it that she does not have her own home or apt? Is she homeless?
Here’s what I’d be concerned about…. if she is drawing a retiremt from old job & is not yet FRA, she is limited as 2 the amount of income made from a new job for it to be untaxable. If she is asking for you to pay her so that it is unreported income, that will be an issue for both SSA & the IRS. I’m unclear as to if she’s balking to working with FICA, taxes and all properly reported.
On the housing situation, if she doesn’t have her own home or apt (and can show you she has a drivers license, mail going to this address) does this mean she’s moving in & living there 24/7? I’d suggest that you make it clear she cannot make this her new permanent address… if she did and got her DL to show it, she could be considered a tenant. It can be hard to get a tenant out, even if elder dies & house is up for sale.
State labor board can get quite picky on wage theft by those that hire live-ins. She cannot be “on call” 24/7. She has to have total time off (even if she’s just watching TV in her room) and you need 2 be able to show that she has a schedule that her wages are based on & w OT if need be. On her time off, you’ll need documentation on either another caregiver is hired & paid then or the schedule for which family member is there at the house completely to be the “on call” for the elder. You have to be solid on this as there’s going to be someone who knows about wage theft stuff and files a report w the State.
Also if she is going to be driving the elders car, contact the auto insurance Co and get her added on as an additional driver. And also ask your HO insurer as to having a rider added for workmans comp issues for the live in worker. If she hurts her back helping the elder or trips over a rug, you need Workmans Comp to help on costs.
Please do realize if you pay her in full at the start of next mo & she finds a better gig and quits mid month, your not seeing that $ back.
What kind of paperwork/ documentation have you gotten from her? has she filled out a W-9? and an I-9? The I-9 isn’t always requested by employers to an employee. But in your situation based on her pay up front request nonsense, well personally I’d ask her to fill an I-9 too. As part of the I-9 verification, you have to actually see - in your hands - the ID, passport, drivers license, SS card that is needed in order for you as the employer to validate the I-9. You make a copy of them &/or take a photo of them w your phone.
You can Google both w-9 & i-9 download and print these. Both w-9 & I-9 are federal forms. Available for free.
w-9 they can fill out on their own. And just hand one to you. So you do not see their ID etc. You take their word and signature as valid. But that I-9, you do. If she won’t fill out both of these, well personally I would not hire her.
Please pls read & reread everyone’s answers on this. IRS rules on what can & cannot be consider wages for those “in kind” perks to offset traditional wages are pretty involved to do correctly and legally. Live in staff still have to be paid for hours working AND “on call”. And have time off. They can take the property owner to State Labor board for wage theft violations if you don’t. Penalties too.
also please please keep in mind that if payments are coming from the elders banking and if say a yr or 2 from now that elder needs to apply for LTC Medicaid, Medicaid will want 5 past years of financials. If elder or their POA cannot show documentation that $$$ paid - by check or cash - was for caregivers with time cards, receipts, taxes & FICA filed, the Medicaid can view all of the $ as “gifting”. & ineligible for Medicaid till her penalty period is over.
I’ve got to,ask, just how did you find this person? Are they possibly undocumented? Or have other reasons why need 2 b paid up front?
My ILs do this with their indy/night aide. 120+ hours a week, and I think she is a citizen.
They don't identify as racist at all, but like many people of their generation, they assume that this won't be called out by people of certain ethnicities for not keeping their books in order or them both trying to keep it a secret. Night/indy would know with any legal consult from anyone, let alone an advocate from her ethnic group, that she already has them over a barrel of their male parts right now. But, it's their choice.
Regarding the situation however, it may just be that the indy has gotten ripped off by a client dying before payment. We just had one on here. In that case, it would be realistic in whatever written agreement they sign that there be up to whatever pay period put into some "escrow" account that she would be entitled to if the weekly pay isn't forthcoming.
It's not only normal, it's not advisable, and it's not good practice...not at all. Find someone else or you're likely to be scammed. There's a reason why this person wants to be paid up front, but it's not for your benefit.
I wouldn't. Have you signed a care agreement with this person? Is she going to be paid legally or under the table? Room and board cannot, by law, be considered even partial payment.
As an employer have you setup how the accounting is going to be done with taxes, social security, etc withheld? Have you applied for a federal tax id number?
for a bank that paid on the last day of the month. It was a weird system, but just one the many crazy things the organization did.
When you start a job pay day is after you begin the job not before.
(often if you start mid month your first pay check would be the actual payday of the next month and you will get the pay you are due for the previous month at that time.)
NEVER pay someone in advance.
She can get paid either weekly so if she starts on Jan 2 she would be paid on the 9th.
or
She could get paid 2 times a month so her pay check would be given to her on the 16th (or there abouts)
or
She can get paid monthly so starting on Jan 2 her pay check would be Feb 1 or 2.
Since this is private pay you can pay her as you want.
and why is she looking for a live-in position?….. like is it that she does not have her own home or apt? Is she homeless?
Here’s what I’d be concerned about…. if she is drawing a retiremt from old job & is not yet FRA, she is limited as 2 the amount of income made from a new job for it to be untaxable. If she is asking for you to pay her so that it is unreported income, that will be an issue for both SSA & the IRS. I’m unclear as to if she’s balking to working with FICA, taxes and all properly reported.
On the housing situation, if she doesn’t have her own home or apt (and can show you she has a drivers license, mail going to this address) does this mean she’s moving in & living there 24/7? I’d suggest that you make it clear she cannot make this her new permanent address… if she did and got her DL to show it, she could be considered a tenant. It can be hard to get a tenant out, even if elder dies & house is up for sale.
State labor board can get quite picky on wage theft by those that hire live-ins. She cannot be “on call” 24/7. She has to have total time off (even if she’s just watching TV in her room) and you need 2 be able to show that she has a schedule that her wages are based on & w OT if need be. On her time off, you’ll need documentation on either another caregiver is hired & paid then or the schedule for which family member is there at the house completely to be the “on call” for the elder. You have to be solid on this as there’s going to be someone who knows about wage theft stuff and files a report w the State.
Also if she is going to be driving the elders car, contact the auto insurance Co and get her added on as an additional driver.
And also ask your HO insurer as to having a rider added for workmans comp issues for the live in worker. If she hurts her back helping the elder or trips over a rug, you need Workmans Comp to help on costs.
Please do realize if you pay her in full at the start of next mo & she finds a better gig and quits mid month, your not seeing that $ back.
This is a recipe for disaster.
What kind of paperwork/ documentation have you gotten from her?
has she filled out a W-9?
and
an I-9? The I-9 isn’t always requested by employers to an employee. But in your situation based on her pay up front request nonsense, well personally I’d ask her to fill an I-9 too. As part of the I-9 verification, you have to actually see - in your hands - the ID, passport, drivers license, SS card that is needed in order for you as the employer to validate the I-9. You make a copy of them &/or take a photo of them w your phone.
You can Google both w-9 & i-9 download and print these. Both w-9 & I-9 are federal forms. Available for free.
w-9 they can fill out on their own. And just hand one to you. So you do not see their ID etc. You take their word and signature as valid.
But that I-9, you do. If she won’t fill out both of these, well personally I would not hire her.
Please pls read & reread everyone’s answers on this. IRS rules on what can & cannot be consider wages for those “in kind” perks to offset traditional wages are pretty involved to do correctly and legally. Live in staff still have to be paid for hours working AND “on call”. And have time off. They can take the property owner to State Labor board for wage theft violations if you don’t. Penalties too.
also please please keep in mind that if payments are coming from the elders banking and if say a yr or 2 from now that elder needs to apply for LTC Medicaid, Medicaid will want 5 past years of financials. If elder or their POA cannot show documentation that $$$ paid - by check or cash - was for caregivers with time cards, receipts, taxes & FICA filed, the Medicaid can view all of the $ as “gifting”. & ineligible for Medicaid till her penalty period is over.
I’ve got to,ask, just how did you find this person? Are they possibly undocumented? Or have other reasons why need 2 b paid up front?
They don't identify as racist at all, but like many people of their generation, they assume that this won't be called out by people of certain ethnicities for not keeping their books in order or them both trying to keep it a secret. Night/indy would know with any legal consult from anyone, let alone an advocate from her ethnic group, that she already has them over a barrel of their male parts right now. But, it's their choice.
Regarding the situation however, it may just be that the indy has gotten ripped off by a client dying before payment. We just had one on here. In that case, it would be realistic in whatever written agreement they sign that there be up to whatever pay period put into some "escrow" account that she would be entitled to if the weekly pay isn't forthcoming.
Listen to and trust your gut instinct.
As an employer have you setup how the accounting is going to be done with taxes, social security, etc withheld? Have you applied for a federal tax id number?