Camel Toe Juice Report post Posted May 9, 2013 For all our commercial properties we make sure everyone is hired as an independent contractor, they have a minimum of $1,000,000 liability policy and they have to list us as a beneficiary on their insurance policy, no exceptions. It is not worth the risk of saving a few bucks for the risk of a lawsuit and there are plenty of pieces of shit out there that come in all forms who will intentionally find ways to sue you ( I am going through my own issues now on a lawsuit by a fellow Lambo owner). If you do go the $500 route make sure she wil sign this release form. Also enclosed is an independent contractor form that anyone who works on your property need to sign. This might be enough to scare most people away from a lawsuit but eventually ,if they dont have insurance, a jury can find you liable. performance_agreement_subcontractors.pdf legal_release_of_all_claims_july_04.pdf Quote Share this post Link to post Share on other sites More sharing options...
Easy888 Report post Posted May 9, 2013 Though I haven't talked to my lawyer yet (couldn't get ahold of him just yet), I have contacted the insurance company. The policy does cover workers comp. so under this situation they pretty much told me to relax as I would be covered. So now I think it will be a decision based on which would cover my ass better. Do I go the insurance route and trust that they would handle things in such a way as to make sure the maid no longer has any legal recourse? Or do I hand it over to a lawyer who may cost a lot more, but may be questionable if they can do more than what the insurance company would already do? Lot’s to think about. Quote Share this post Link to post Share on other sites More sharing options...
kinnsella Report post Posted May 9, 2013 Though I haven't talked to my lawyer yet (couldn't get ahold of him just yet), I have contacted the insurance company. The policy does cover workers comp. so under this situation they pretty much told me to relax as I would be covered. So now I think it will be a decision based on which would cover my ass better. Do I go the insurance route and trust that they would handle things in such a way as to make sure the maid no longer has any legal recourse? Or do I hand it over to a lawyer who may cost a lot more, but may be questionable if they can do more than what the insurance company would already do? Lot’s to think about. The insurance carrier will refer to their counsel, sounds like you will be fine. Quote Share this post Link to post Share on other sites More sharing options...
Earlycat Report post Posted May 9, 2013 She probably got the bright idea from the Allstate commercial about the maid. Quote Share this post Link to post Share on other sites More sharing options...
blylek Report post Posted May 9, 2013 Dollar's to Donuts, if the chiropractor is working with a law firm, they will likely over-prescribe treatment and bill the shit out of it, in hopes that an insurance carrier (or other big wallet) will pay the bill. Law firm benefits by getting larger "damages" (Cost of treatment) and the chiropractor benefits by getting more billable treatment time. Patient will get screwed as most of her "settlement" will go to the chiropractor and the lawyer fees. This is, of course, going on the assumption that both the law firm and chiropractor are out to make money off the claim, instead of, god forbid, actually helping their client/patient. And if the chiropractor is doing business hand-in-hand with a law firm then altruistic actions are likely not at the top of their list. If worker's comp will handle it, let it...then you will likely not have to worry about a suit. Quote Share this post Link to post Share on other sites More sharing options...
WheelsRCool Report post Posted May 10, 2013 It will simplify things so much when robots are invented that can do all of this work for a person. They will be able to work 24/7 with no complaining, no injury, and no threat of suing. Quote Share this post Link to post Share on other sites More sharing options...
Juice it Report post Posted May 10, 2013 I would tell her she is no longer needed and leave it at that. If you ever hear from her again tell her she can have her attorney call your insurance company's attorney. Chances are she is trying the same thing with other homes she cleans and won't waste time with someone that will make things difficult. If you have no employment contract and she gets paid in cash she probably isn't paying taxes and doesn't want to open that can of worms. Quote Share this post Link to post Share on other sites More sharing options...
Jpegs13 Report post Posted May 10, 2013 Let your insurance company handle it. Quote Share this post Link to post Share on other sites More sharing options...
PCow Report post Posted May 10, 2013 Also, depending on how she is staffed (contracted vs direct employee) be careful how you give her the axe. If your insurance does handle this and you cut her loose immediately or soon thereafter an Unlawful Termination suit may follow. Trust me, I got that dick in the booty after everyone told me my right to hire/fire state would protect me from that type of action. I remember the words unlaw termination and retaliation ruling my free time for about a year. Best of luck with this, however. Quote Share this post Link to post Share on other sites More sharing options...
kinnsella Report post Posted May 10, 2013 Let your insurance company handle it. Can't agree more....If they accept coverage let it roll. I have a similar situation and travelers while offering complete coverage seem to operate in slo mo. Quote Share this post Link to post Share on other sites More sharing options...
Supercar Ace Report post Posted May 10, 2013 Always talk to a lawyer first about your options. They can point you in the right direction so you don't unintentionally make matter worse for yourself. Sucks to hear, good luck Quote Share this post Link to post Share on other sites More sharing options...
Easy888 Report post Posted May 10, 2013 Guys, thanks again for all the advice. I just had another thought, though this one would be more out of an anger move. But I have a strong suspicion that she doesn't pay taxes on the salary she makes from working at my place. Assuming that is the case, I may just tell her that I'm willing to go as far as reporting her to the IRS. Maybe if it freaks her out she may back off? I'm just thinking preventative measures right now. Or am I starting to sound crazy now? Anyway, the insurance and lawyer options are always there and will definitely be a move I'm going to make on this issue. Quote Share this post Link to post Share on other sites More sharing options...
Castor Troy Report post Posted May 10, 2013 Oh that sucks. These types of people need to be dealt with swiftly. Do you have a flower garden and own a shovel? Quote Share this post Link to post Share on other sites More sharing options...
Easy888 Report post Posted May 10, 2013 Oh that sucks. These types of people need to be dealt with swiftly. Do you have a flower garden and own a shovel? Believe me, I'd love to shove a burning stake through her ass right about now. Quote Share this post Link to post Share on other sites More sharing options...
737Drvr Report post Posted May 11, 2013 Sleep with her. Then ask if you can borrow $500. the schwarzenegger solution. In all seriousness, let the insurance company handle it as others have said. They retain a lot of high paid lawyers who will probably make her life miserable until she accepts a minimal payment or drops her claim altogether. Quote Share this post Link to post Share on other sites More sharing options...
Jpegs13 Report post Posted May 11, 2013 Guys, thanks again for all the advice. I just had another thought, though this one would be more out of an anger move. But I have a strong suspicion that she doesn't pay taxes on the salary she makes from working at my place. Assuming that is the case, I may just tell her that I'm willing to go as far as reporting her to the IRS. Maybe if it freaks her out she may back off? I'm just thinking preventative measures right now. Or am I starting to sound crazy now? Anyway, the insurance and lawyer options are always there and will definitely be a move I'm going to make on this issue. Take a deep breath. Don't be vindictive, what will it get you? The insurance co already said they would defend. Put her in your past. Quote Share this post Link to post Share on other sites More sharing options...
vyce77 Report post Posted May 11, 2013 Take a deep breath. Don't be vindictive, what will it get you? The insurance co already said they would defend. Put her in your past. Great advice. Quote Share this post Link to post Share on other sites More sharing options...
m6power Report post Posted May 11, 2013 I would tell her she is no longer needed and leave it at that. If you ever hear from her again tell her she can have her attorney call your insurance company's attorney. Chances are she is trying the same thing with other homes she cleans and won't waste time with someone that will make things difficult. If you have no employment contract and she gets paid in cash she probably isn't paying taxes and doesn't want to open that can of worms. Might not be that easy lol Quote Share this post Link to post Share on other sites More sharing options...
Easy888 Report post Posted May 11, 2013 Take a deep breath. Don't be vindictive, what will it get you? The insurance co already said they would defend. Put her in your past. True true. At this point I've already spoken with the insurance company and they are confident that they can manage the issue. So as many have echoed it will most likely go down this path. On the other hand I'm still going to speak with a personal injury lawyer who also happens to have a child in my daughters class. Will try to get some advice on how to best prevent/protect against these types of occurrences. Chances are we would like to find a maid to replace this one down the line. Will share what I find out in hopes that it can also help others here who may also use domestic workers. Thanks again all. Quote Share this post Link to post Share on other sites More sharing options...
TheDude Report post Posted May 12, 2013 Slip out to her car and drop expensive watch in pass. Seat. At the end of the day, kindly help her to her car with her belongings. (She's supposed to be in pain.) Spot watch. Fein fury, indignation, whip out cell to call cops. Don't forget to take pics and selfies. Profit. Quote Share this post Link to post Share on other sites More sharing options...
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