Q: Job = Ihss/Public authority (state of CA pays me) not my employer (whom is my client/recipient of medi-cal ihss program)

I feel as tho I am being treated unfairly and wrongfuly accused and then employment terminated cos of false accusations.

I had a client, whom is an alcoholic. He fell (not in my care) ONE too many times this ONE time. I get blamed for it. He fell on a Sunday night, I worked for him MWF for the past 2 years. everyone knew that. Everyone knows my Client is an alcoholic.

So cos of ?( I DONT KNOW)? I LOSE my job, and being accused for him falling out of my control/care. Also No one actually stated "your fired" "your terminated" I just kinda knew with, the locks on my clients house were changed.( I was only one with key. His daughter(POA) didn't have one at the time..she obviously didn't like that. Timesheet wasn't available for entry anymore time. I want to know if I can get compensation for wrongfully accused, terminated, emotionally distraught, anxiety, stressed. I've done nothing but provide good care for him. :( There's more but not enough space. What can be done? Help thank you

2 Lawyer Answers
Maya L. Serkova
Maya L. Serkova
  • Employment Law Lawyer
  • Orange, CA
  • Licensed in California

A: I am sorry this happened to you. In California, all employees are considered at-will unless there is a contract to the contrary. At-will employment means the employer may terminate your employment at any time, with or without cause or prior notice, provided it does not violate anti-discrimination laws. You should be eligible for unemployment benefits. Best of luck.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Employment Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: As an IHSS (In-Home Supportive Services) worker in California, you may have legal options if you believe you have been wrongfully terminated or treated unfairly. Here are some steps you can take:

Contact the IHSS Public Authority in your county. They can provide guidance and resources to help you navigate the situation and may be able to help you with filing a complaint or grievance.

Contact a labor attorney. They can provide legal advice on your options and help you determine whether you have a case for wrongful termination or other legal claims.

File a complaint with the California Labor Commissioner's Office. They handle wage and hour claims and may be able to assist you with a wrongful termination claim.

Document everything. Keep records of any communication you had with your employer or the client, including emails, texts, or voicemails. This can help you build a case if you decide to pursue legal action.

It's important to note that IHSS workers are not employed by the state of California, but are employed by the client they work for. However, the state does oversee the IHSS program and sets certain standards that must be followed. If you believe that your client or their family member has violated these standards, you may be able to file a complaint with the IHSS Public Authority or the California Department of Social Services.

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