Home Health aide- unpaid wages. Can i sue?

Question

I am a home health aid certified cna. i supervised one of my clients for 4 days while her fam was out of town. I was not permitted to leave the house unless the client was not there. My home office did not offer a switch out for over night. so i stay the night they did not offer a switch out at all for any of the four days i was there. He does not want to pay me the hours that medicaid won't pay me for. Hours i went to sleep. medicaid does not pay for those hours i.e (switch out) someone should of came and relieved me. I think as a cna doing home health i am an independent contractor. So can i sue the office for those unpaid hours. I can't file a claim because of the independent contractor situation. BUt if i can sue him and I do can he fire me? I have been working for the company for a little over a year can i even get unemployment if he finds a reason to fire me. Cause I am NOT going to quit I love my client and my job and i def NEED it. any help?

Answer 1

They did what? Not only are you able to sue,you might even be able to press charges for theft of services. Do they understand that you are still working when you are spending the night at a client's house? Just because all people in the house are asleep even the baby the baby is still being tended. Or if you leave your plumber in front of your house for

four hours because you forgot he was coming,should he only bill you for the one hour he worked? you may not be able to file a claim with the labor board but you can press criminal/civil charges

Answer 2

Next time just tell them either you pay me for every hour I'm working or else I'm leaving for the hours I'm not paid.

I'd also get in writing what the job will be before agreeing to do it:

IE: 4 days in X's house, $/hr wage, will be relieved by X for overnight/will be required to stay overnight.

If they require you to stay overnight, then they have to pay you. If they cannot afford it, then that's too bad for them.

If this **** happens again, find a new job first, then sue your old one with all the documentation you saved.

Answer 3

Regardless of the fact that you went to sleep you were still on the clock, otherwise you could have went home and slept in your own bed. I used to work for the Red Cross and overnight visits were paid for. There is no reason why you should not be paid for that. The office is at fault for not sending someone to take over. I would talk to the labour board. I dont think that your company can fire you for suing them however they will probably find another way of doing it. Good luck.