Problems working in private home care

[TrickieTam]

Hello,

I need some advice on my job. I am a Private Home Care Aide and have been doing this for about 5 years, I've been a CNA going on 10 years. My question is if you are working as a Private Home Aide for someone other than an agency, can you list the person as an employer if you are not getting taxed? I asked this because a few weeks ago, I applied for a CNA position at a local nursing home because I am planning on leaving home care so I can have an easy transition into a facility after I finish nursing school this summer.

The job I applied for on their application they asked for me to list my current job and past jobs. Well naturally I listed my current job as a home care aide, and several others including different facilities I had worked. As usual the job applied needed to phone my past and present employers to verify my work with them. Okay, sounds like no problem. Wrong. I get to work that night and I am confronted about me listing them as an employer and using them for a reference. Did I mention how nasty I was treated when I was confronted? Now I do remember listing them as an employer, but in no way did I list them as a reference considering I had three people that I always use as a professional reference.

Since I am not being taxed, I was told that I couldn't list them as an employer per advice of their so called accountant. It sounded funny because my last private sitting case I wasn't taxed there either, but I was paid via an accountant bi-weekly. I would go there each pay period and pick up my check from the accountants office and had no problems before. Once I told my private home patient this she no longer said anything about it. I am now sitting back wondering if this is all true, or should I give up this job completely and move on. After thinking about it I requested a tax form from her to handle the problem, but she told me even then I still could not list her as an employer. I'm confused and venting right now, I'm even considering leaving

[GingerSue]

here are some ideas

(but things may be different in your area)

the article that I have is about vicarious liability, and an employer's accountability and legal responsibility for acts of its employees

one heading is "How do I know if I am an employee?"

factors that a court may consider are:

1. a fixed salary with routine deductions

2. requirements to follow the employer's policies and procedures

3. reporting requirements (to a supervisor)

4. restrictions on whom you provide services to

5. ownership of equipment and supplies by the employer

6. verbal or written agreements indicating an employer-employee relationship

Courts have found a nurse's employer was liable for a nurse's negligence because the hospital had control over equipment used and the treatments performed. Vicarious liability will not always apply.

hope this is some help

[TrickieTam]

Thanks GingerSue that was very helpful.