Ranting......Held Hostage by Helpers

PalSal

Registered User
Dec 4, 2011
972
0
Pratteln Switzerland
Dear TP friends,
As many of you know, I have access to funds to help care for my husband at home here in Switzerland. The way it works is I must act as the peoples employers and set up a contract and pay according to the laws of the Federation. The other stipulation is that the people cannot be fully employed elsewhere or being working for a company which supplies care and assistance. I must find these people. There was a huge amount of paperwork to set up the process but from a bureaucratic point of view, but the process itself has worked well.

But the human element is more difficult!

One of my carers who walks with Nick, has worked honestly and helpfully for us for 5 years. He is reliable, caring, University educated and speaks perfect English. He is from Eritrea.

The women, who I have found have not worked out so well. I sing in a small classical ensemble group and in a rock band, and I hold a season ticket to Sinfonieorchester so I attend their concerts 8 times a year. So, I have eight to hours per week of evening work I call it MANSITTING:

Regarding these women, I had one who started working and immediately wanted me to help her look for a full time job? I helped her write a resume, and then she started asking me for contacts to find other another job?? In the end she just up and quit (although her contract has a 3 month stipulation for notification.) I was mifted but glad to see the back of her

Another who drank and had to go.

Now, I have one. She has a part time job at a nursing home locally. She is good with my husband , a bit bossy but ok. But she is reliable and caring. She is married to a Swiss man and she has a Swiss passport. She is Kenyan by birth and education and CULTURALLY. She has lived in Switzerland for over 20 years.
As with many foreigners, she uses her earnings to support other people. I am not completly clear on her two sons but both seem to be doing advanced studies, one a masters in Manchester the other masters study in Germany. Anyway. Yesterday, she wrote me that her son had to fly to Kenya as he had let his passport expire or something. And she wants me to give her the money for him to go! She has only worked for me for 6 months. I cannot believe she asked me.

I wrote her that she signed a contract and that the local Geimeinde which reimburses me for the money I spend on her hours. The process is she works, I must pay her and then I get reimbursed. To put her off without saying no, I told her that I would ask the Geimeinde. She wrote back and said put 1500 extra in my pay the end of the month for his travel please. I wrote her and said only if the Geimeinde approves such action.

She wants this as an advance....on her pay. But I still feel this is an unbelievable request.
My husbands family in the UK generously pay for one day a week of his daycare program, I pay for the other. The money from the Geimeinde cannot be used for the daycare as the daycare is a company, and I can only use the money for individuals. I am comfortable but have limited financial assets which I tend carefully to manage our situation over this long and financially difficult situation that Alzheimer's left us in.

I am very upset, as I do not want to be put in the position of saying no. She is an employee not a friend. Why is she not asking her other work for an advance on her pay? Or for that matter her husband. (He has probably told her that he will not help with her sons....who are men 26 and 28 I do not know) Will she behave differently if I say no? Will she get into my jewelry or belongings if I say no. My trust has been damaged here, this is just not ok.

I am grateful to have the money from the Geimeinde for care for my husband , but finding good people to actually do the work is a constant job and ever changing, and hard work. I hate having people coming in and out of my house. I feel violated by her request.
 

love.dad.but..

Registered User
Jan 16, 2014
4,962
0
Kent
I think she is taking advantage of you and maybe whilst you feel she does a reasonable job perhaps she had a plan to ask for money for some reason or other from the outset aa she got 6 months in. I may be being cynical however I would tell her a clear loud NO. If she does behave differently when you say no then she is not the person you thought she was and you have to be able to completely trust her in all matters as one of your husband's carers. I would be very annoyed that she even thought she could ask in what is a family matter and most definitely not your problem..you have enough on your plate and if genuine she would have recognised that!
 

Grannie G

Volunteer Moderator
Apr 3, 2006
81,948
0
Kent
This person has overstepped the employer/employee boundaries. If I was in this position my only solution would be to end the contract.
 

marionq

Registered User
Apr 24, 2013
6,449
0
Scotland
Oh no. Do not go down that road or it will end badly. Terminate the contract straight away. She sees you as weak and ready to be used. Big red flashes on this one I’m afraid.

Concerned for you.
 

maryjoan

Registered User
Mar 25, 2017
1,634
0
South of the Border
If you had not felt this was all wrong, you would not have asked TP for suggestions - it is ALL completely wrong. Terminate her contract as she has overstepped the boundaries. I do not know employment law in your country, and whether she could go to a tribunal or similar - keep any letters she has sent you as evidence should you ever need it.
good luck - not an easy situation to be in.
 

Beate

Registered User
May 21, 2014
12,179
0
London
If you let your passport expire you cannot fly anywhere. You go to your country's embassy and get a new one. The story stinks, don't fall for it. It's despicable to target vulnerable people like this! Get rid.
 

canary

Registered User
Feb 25, 2014
25,159
0
South coast
Will she behave differently if I say no? Will she get into my jewelry or belongings if I say no.
I would worry about this too.
Even if you do give her the money, you still wont trust her and if someone is coming into your home you need to trust them.
I would terminate the contract too.
 

Sirena

Registered User
Feb 27, 2018
2,333
0
I agree the only option really is to end the contract. If you give her the money, it won't be the last time she asks. And whether you do or don't, you will still feel uneasy having her in the house. I am astonished at her sense of entitlement and lack of shame.
 

patbryn

Registered User
Mar 22, 2019
80
0
Wales
Don't even let her back in your home, just sack her, you owe her nothing, she is paid to care.
 
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PalSal

Registered User
Dec 4, 2011
972
0
Pratteln Switzerland
Don't even let her back in your home, just sack her, you owe her nothing, she is paid to care.
Qpatbryn Unfortunately, that is not the case, I have a legal and binding contract with her, which includes I must pay her salary for three months if I terminate her. Which will make it difficult to pay someone else. I am not sure how I will terminate her but I fear that is what must be done.
 

PalSal

Registered User
Dec 4, 2011
972
0
Pratteln Switzerland
Thank you all for your clear advice.
Since writing here, I have spoken with a young Swiss man, who I know well, who is a licensed nurse and carer.(But fully employed- or I would hire him!) He said it is actually illegal for her to ask me for money. He said in the past he has experienced grateful patients who want to give him money and he by law cannot accept monetary gifts from patients who are vulnerable and it is his duty to provide care.

I am sad because she is actually very good, in many ways, I think she is not all that clever or is unaware of local laws, but whatever her reasons for asking , she has created a very difficult situation for all of us now.
 

love.dad.but..

Registered User
Jan 16, 2014
4,962
0
Kent
Thank you all for your clear advice.
Since writing here, I have spoken with a young Swiss man, who I know well, who is a licensed nurse and carer.(But fully employed- or I would hire him!) He said it is actually illegal for her to ask me for money. He said in the past he has experienced grateful patients who want to give him money and he by law cannot accept monetary gifts from patients who are vulnerable and it is his duty to provide care.

I am sad because she is actually very good, in many ways, I think she is not all that clever or is unaware of local laws, but whatever her reasons for asking , she has created a very difficult situation for all of us now.
Surely then that is a breach of contract on her part and a release option? Is 3 months notice standard...that seems very long if a carer is not suited to the placement or vice versa. I personally don't think you have to be clever or know the laws to understand what she has asked of you is at least morally wrong.
 

AliceA

Registered User
May 27, 2016
2,911
0
I hope you sort it soon, I agree with everyone else, it sounds like a scam.
 

Sirena

Registered User
Feb 27, 2018
2,333
0
Surely then that is a breach of contract on her part and a release option? Is 3 months notice standard...that seems very long if a carer is not suited to the placement or vice versa. I personally don't think you have to be clever or know the laws to understand what she has asked of you is at least morally wrong.

I agree, she must know this is wrong. I wonder if she's done it before and tries it on to see if she strikes lucky.
 

PalSal

Registered User
Dec 4, 2011
972
0
Pratteln Switzerland
Surely then that is a breach of contract on her part and a release option? Is 3 months notice standard...that seems very long if a carer is not suited to the placement or vice versa. I personally don't think you have to be clever or know the laws to understand what she has asked of you is at least morally wrong.
We wrote the contract according to Swiss law which gives 3 months as the contract notice by either party. What I must find out if it is illegal for her to ask for pay in advance, and if that justifies a breach of contract.
 

Lawson58

Registered User
Aug 1, 2014
4,420
0
Victoria, Australia
As you have it in writing that she is pressing you for quite a large sum of money, I think I would go ahead and check with the Geimeinde. Otherwise just pay her what she is owed. She can't make you give her the money and I know that in many ways she is good at her job, but you don't need this sort of pressure.

It sounds to me as if she has done this before and got away with it. You are not responsible for anything to do with her children and she is working on your softer nature.
 

LadyA

Registered User
Oct 19, 2009
13,730
0
Ireland
We wrote the contract according to Swiss law which gives 3 months as the contract notice by either party. What I must find out if it is illegal for her to ask for pay in advance, and if that justifies a breach of contract.
Maybe she's not, as they say here, "as green as she's cabbage looking"? Could be that this is exactly why she phrased it as asking for an advance on her salary, rather than asking you for either a loan or just asking for the money. Maybe that would be in breach of her contract, and mean you wouldn't need to give her 3 months notice (which seems excessive. What if the person they are caring for dies? Do they still have to get 3 months pay?) but if she just asks for an advance on her salary, then that's maybe not a breach of the Contract?
Do check it out though, and frankly, even if it cost the three month's pay, I think it would be worth it to be rid quickly! After all, if you give her notice over this, you don't know what it could, ultimately, cost you!
You say the other carer, the Eritrean man, is reliable and trustworthy. Would he know of anyone else trustworthy that would be available? Very often, word of mouth, Carer to Carer is the best way to find good carers. Because while we are looking for good, reliable, trustworthy carers, they are equally looking for good, reliable, trustworthy employers, and often don't want to work for anybody unknown.
 

PalSal

Registered User
Dec 4, 2011
972
0
Pratteln Switzerland
Maybe she's not, as they say here, "as green as she's cabbage looking"? Could be that this is exactly why she phrased it as asking for an advance on her salary, rather than asking you for either a loan or just asking for the money. Maybe that would be in breach of her contract, and mean you wouldn't need to give her 3 months notice (which seems excessive. What if the person they are caring for dies? Do they still have to get 3 months pay?) but if she just asks for an advance on her salary, then that's maybe not a breach of the Contract?
Do check it out though, and frankly, even if it cost the three month's pay, I think it would be worth it to be rid quickly! After all, if you give her notice over this, you don't know what it could, ultimately, cost you!
You say the other carer, the Eritrean man, is reliable and trustworthy. Would he know of anyone else trustworthy that would be available? Very often, word of mouth, Carer to Carer is the best way to find good carers. Because while we are looking for good, reliable, trustworthy carers, they are equally looking for good, reliable, trustworthy employers, and often don't want to work for anybody unknown.
Thanks Lady A of course I have asked him for years....he has never recommended anyone which is telling.