For a short time longer I will be using a visiting CNA provided by an agency. Soon their hourly rates will be doubled. I will be forced to hire an independent to save costs. From my research thus far, I have found that just because a caregiver will accept a 1099, that does not relieve me of potential liability and Ca. legal requirements for employment. Of utmost importance is that there not be a parade of caregivers. It was difficult to find that with most agencies.
God bless!
Maybe you should contact a lawyer in your state whom will give you advice on this situation.
Family and friends may have opinions; but you need a plan,a vision on what to do. Therefore “google” the internet for lawyers whom deal with what your need is asking for.
Also Elderly programs listed in Your state may direct you toward different options which be affordable to your needs.
As you seek,and continue to ask questions the answers will come your way.
The best of luck to you. Stay with this web site it is a great resource to connect!
There are also payroll companies that will handle all paperwork for you and they are really very inexpensive as compared to hiring through an agency. As for background checks - those can be done online as well.
Agencies are great when need arises quickly, but for most of us not a financially reality in the long run. Depends on your situation, length of time possibly needed, etc.
A thought - check with colleges or companies in your area that have nursing programs. Perhaps they will know of someone looking for work/experience that would be capable of handling your needs.
If hiring independent - always have a back up plan - an agency will send someone else if your person is out for any reason.
They offer worker's compensation insurance, unemployment insurance and all of the items that you listed.
I highly recommend using one, their fees, where I live, are about 25% above what you pay your workers but, that includes all of the taxes and insurances that protect you from lawsuits and gives the workers peace of mind in the event that they get injured on the job.
Additionally would be background checks, ensuring the person is a legal citizen or has proper paperwork to work in the US, and liability, for starters.
I understand the concerns about cost and having a parade of different people through the agency, but there's no guarantee an independent hire won't quit or become a no-show problem as well. If the doubling of cost is the bigger issue, I would check other agencies first. Increases are expected, but increase of that much seems unwarranted. Perhaps they have encountered the hiring problem many companies are seeing now, with workers holding out for more!
Based on the state of residence you've listed in your profile, would your wife qualify for MediCal? I don't live there and never had to use Medicaid either, so I don't know the rules and such, but perhaps you could get some assistance from them?
It might be worth having an appointment with a professional (tax atty? EC atty?) who knows all the rules and what needs to be done. Ask all these questions and more so you can discuss them and fully understand before you dive into this. There are likely some "independents" out there who work for themselves and say they cover all those costs and paperwork, but again, it would be wise to have checks in place - those who say they do it but don't could put you in a bind and leave you liable.
I would ensure I fully understand this before undertaking it, both for the legal aspects and for how much work it will put on me. When I took over my mother's finances, initially it wasn't bad - I had all bills change mailing address to me, set up bill payer to pay them online and only the initial set up was time consuming. When we tried hiring aides (only 1 hr/day), that added to my "work", keeping track of them and charges. When she refused to let them in, she was moved to MC, but the condo had to be cleared, cleaned and repaired, so it added MORE work, including juggling funds to cover all the costs. It was one of the reasons I was glad I had been laid off, because this was just too much! If I'd chosen to hire people myself, it would be like having yet another full time job!
Consult with someone in the know about the taxes, etc to have a better idea how difficult this might be. Inquire about Medical. Look around for another agency. Weigh all options carefully before committing.
Do understand that there are other things that help you when you use an agency. Most do some vetting of their employee's and bear some responsibilities that are solely yours if you hire independently. The agency is responsible for knowing how many hours the person is working and the legalities. They are responsible usually for replacing a person who may be a no-show on any given day, and etc. Some of the burden of obligations and safeguards are removed from you and that is what you are paying for. I am surprised at a DOUBLING of the cost of care suddenly; consider exploring some other agencies.
The reason for this is because independent, private caregivers normally make two or three times what agency help does because there's no middle man who has to get paid.
You do not have to take out taxes or anything like that. You can get documentation drawn up that the caregiver signs agreeing that you've hired them as an independent contractor making them responsible for taking out their own taxes and paying Medicare and social security.
You can protect yourself from possible liability if the worker gets hurt on your property by having them agree to a certain dollar amount of liability. This is what care agencies do. The workers agrees that the agency will only be held liable to 'X' dollar amount in the event of accident or injury to the worker. Then the worker is encourages to pursue damages from the family they work for.
You can even insist that your caregiver insures themselves. I've had positions with this and the family paid for the insurance policy. It's worth it if you've got assets to protect.
Being an employer involves many different issues. You must do a background screening for your own sake, that costs. What about worker's comp? CA laws for employers is probably extensive and complicated. You also open yourself up for laws suits. Are you using a lawyer to draw up the contract? How will this affect your home insurance? Payroll services will cost you. Just things to consider.
If you do hire an independent, make certain your specify that this is an “at will” employment. CA may presume all employment is “at will”. I like Grandma1954's suggestion of contacting some nursing schools. Good luck.
Good luck.
I would have the contract so that it can be reviewed every 6 months. This way if the person that is being cared for declines and needs more help the contract can be adjusted to reflect changing needs.
Make sure the proper paperwork is completed so that you are paying taxes, the income is being reported, that your homeowners insurance covers the employee.
BTW..the 2 best caregivers I hired were recent students that had completed a CNA certification course at the local Community Collage and were waiting for the next semester so they could start Nursing School. The local Community College is a great place to start looking