My wife was "in-other-words" told by her work place that they will not be looking to provide her

[diabeticman]

with a consumer on a regular bases because of the Federal Grand Jury duty.


My wife is a home health care provider: She goes into peoples home and help them through normal duties these people are handicap in some way she cooks cleans and a companion for them. The deal is she works for a company hoping they give her a client for so many hours a week. The idea it is one or 2 clients every week going to the same place or else they keep her as a fill in for someone who may get sick. She fills in for the person's client. Lately they have not been able to find a steady client. She has just been call for fill in work and it is not steady work. This is a conversation she had today with her supervisor asking when she was going to get some steady hours so that she gets a semi regular paycheck.


Here is the long short of the conversation she had and basically her supervisor didn't say the words directly but that is the implied my wife came too.


So her supervisor calls today asking for my wife than complained she didn't sound like herself and he seriously wondered if he was talking to her.

He ask her if she wanted to work Sunday. She asked the hours and she said yes. Than he treats her like a kid saying. "Are you sure you want this? You are actually going right?" 9MIND YOU my wife has NEVERnot shown up from a job she has agree to go.) This pissed her off and she tried to hold her temper BUT she did asked when she was going to get a study client. He's like I'm looking for you I thought of one thing but it fell through. He said Hey You still working Jury duty? She said yes. (She's locked in for about 12 more months. I think) She than told him that if she had a study client for even a few hours every week she'd have gas money to do fill in work out of town but with gas money tight it keeps her in our county.

He basically told her Well you need to think of you and your husband. IF you have too you SHOULD go to another agency because we may not have a steady client for you until Sept or Oct. So if you have to go feel free to go.

My wife was shocked she hung up and THEN she gets angry. One of her fellow co-workers for the company told my wife to start filling for unemployment. They are suppose to find her a client. She can fill saying they don't have enough work.

Should my wife OR can my wife do that AND she is looking for new employer but she is serious wondering how much this Grand Jury business is keeping her from working?

[Bay Boy]

1. I'm sorry but

I didn't understand much of that.

[diabeticman]

2. Sorry My wife is a home health care provider. She goes into the homes of

indivduals who my be elderly or handicap and help with daily needs. These companies normally provide staff for these people and the staff works with the client daily or weekly. My wife is looking for a client who would be steady employment for her. and Her company supervisor AFTER asking if she was still doing Federal Grand Jury duty was bascially telling her he can't promise her regular hours. That it could be Sept or Oct until she got some steady hours and that she should try her luck with another company.

[MiniMe]

3. If you are diabetic, check your blood sugar level and get back to us

Your post makes absolutely no sense at all.

[diabeticman]

5. Sorry see if #2 helps. I'm upset at the situation as well. So I will try and re-write the post.

[MiniMe]

29. Yes, your answer in #2 made it much clearer

I know when my blood sugar goes low, I only make perfect sense to myself, not to others. I think my reply and #2 crossed in timing, you were writing at the same time I was. Looks like others have some good suggestions for you, I don't have any better advice that what is written here.

[BlueCaliDem]

19. Way to go. Does it make you happy to be RUDE to people?

Surely your vocabulary is extensive enough to word your responses in a more courteous way. If not, you should check your local community college and look into some English classes and then get back to us.

[loli phabay]

43. thought it was a valid point rather than rude, its a sign of low sugar when the thought process jumb

I was thinking the same thing as i read it.

[BlueCaliDem]

44. No. It was outright rude and unnecessarily personal. Period.

I'd expect crap like that from TeaBaggers, not DUers.

There are many ways to say something to someone who might not be strong at writing a post, but patronizing them because their post isn't perfect isn't one of them. The post responding to the OP was outright rude and belligerent, and no amount of excusing it will change that fact.

[loli phabay]

45. nothing to do with strength of writing, it was someone who is diabetic telling another diabetic

That they had concerns about their blood sugar, i see nothing wrong with that. The op read exactly the way a lot of diabetics jumble and ramble when the blood sugar drops.

[NMDemDist2]

4. file for unemployment

since she is underemployed, she is eligible.

the Jury Duty is a red herring.

[diabeticman]

6. What do you mean Red herring? is it an excuse not to give her a steady client?

[bemildred]

7. They don't want to give her work, and they don't want to pay for her unemployment.

Grand Jury Duty makes a convenient excuse (distraction really, that is what a red herring is), if she buys it. So they are trying to bullshit her out of claiming her unemployment insurance. See?

[diabeticman]

9. Yes. Thanks. I will tell her to apply. She feels guilty doing it. Like she will get in trouble.

[bemildred]

11. Yes, that is what they are betting on.

I'll bet it works sometimes too.

[slackmaster]

8. Nobody has ever given me a consumer

[diabeticman]

10. huh?

[slackmaster]

12. I am unable to parse the subject line and the first sentence.

Is there a noun missing or something?

[diabeticman]

13. My wife works as a home care provider. She is hoping her company gives her a client/consumer that

she can work for a a weekly bases like a 9 to 5 job. They seem to not be able to find a person for her to work for.

[slackmaster]

14. Thanks.

[haele]

15. Okay - your wife works for an agency as some sort of client support?

And her company is refusing to give her clients because she's on Grand Jury duty for a year?
First - is she an actual under-contract employee that is given company clients to work with, like an editor, a real estate agent or estate planner? Or is this a temp agency like Kelly or Manpower? States usually have different rules on employment at client focused or contract agencies, but there are always rules on how an employer handles jury duty for their employees, no matter what she is being hired to do.

Second and most importantly - in most states, an employer is not allowed to penalize for Jury Duty - even temp agencies. If he is asking her if she is still working Jury Duty and then telling her they "may not have a steady client" for her until a time after her Jury Duty is over, she might have a case against them.

Check the state EEO about this.

Thirdly - has this employer always been a jerk? Or has she been a "valued employee" until just lately when she has to check in weekly to see if she's assigned to a case?

She needs to find out what the labor laws in her state require of employers of people who get called up for Jury Duty. If she can't sit down with her employer and discuss her findings and explore a more equitable way of handling the situation, she may be better off with a different agency.

And on edit - if this is a contracted service agent that is supposed to be providing her with full time employment job in a specific professional field, she should look into filing for unemployment because they now telling her they're not going to be providing her with any.

Haele

[diabeticman]

20. She is a caregiver/Home Health Aide... She works through an agency BUT it is those people she

is going into the homes that have final say on if my wife works for them or not. OF the two people she has been placed with they seemed to be concerned about Jury duty but didn't come right out and say it. My wife doesn't want to blame the clients because she understands how difficult it is for these people to open their homes to a stranger and to know your caregiver may not be able to be there 1 to 3 days a week is scary for some people.

She feels the agency should work around the issue. They seem to want to keep her "On-call"

I mean this guy didn't come out and say it is because of Jury Duty BUT why ask if she was still doing it than suggest if she needs to find another agency she should feel free too.

[Downwinder]

16. Job Protection

You are protected by Federal Statute, Title 28 U.S.C. Section 1875, from being discharged, intimidated or coerced by your permanent employer because of your Federal Court jury service. Further information is available from the jury office.

http://www.mad.uscourts.gov/jurors/federal-information-more.htm

[diabeticman]

21. This isn't a normal 40 hour week job like night auditor (my job) or even working as a CNA at a

nursing home. This is going to individuals home and working one on one with them. A building of trust is needed and my wife understands that some clients do feel uncomfortable. What she was hopind is that the agency is able to work around the jury duty issue.


The problem is the agency can skirt this saying they have no hours to fit my wife's working hours. or they don't have enough clients/consumers.

[pacalo]

17. Instead of working for an agency, perhaps your wife could put an ad in the paper

offering her services as a caregiver. When my mom needed around-the-clock care, we hired three caregivers who worked free-lance; so did my in-laws. We didn't go through an agency.

[diabeticman]

22. IN PA most people who receive federal or State funding for workers have to go through an agency of

some sort unless they are paying out of pocket.

At least that is what my wife is understanding. She would probably go free-lance but she is hoping for benefits (Health) because I can't afford to place her on mine. They would take ALL my paycheck.

[pacalo]

24. The benefits are definitely an incentive to go with the agency.

I sure wish her the best in resolving this issue. I hope you will look into her employer's callous, suspicious lack of accommodation for your wife's grand jury duty. It seems unlawful.

[diabeticman]

26. It is BUT with this type of work hard to prove as well.

The first client she worked for:

This was the guy that wanted her 6 days a week. She went in during 2 snow storms sent her to the store in one (not because he actually needed food) beccause he wanted to make chilli for his mother in the hospital. He expected her to do basically 8 hours of work in a 4 hour period.

He considered C work "Sub Par" He didn't like that his appointment might need to be re-schedule around her jury duty and basically complained about "How slow she was" Yeah she's over weight BUT she was also battling a 3 week flu and I'm seriously wondering if she had another illness of Pnemonia (She almost died from Fungal Pnemonia 2 years ago. so yes her ammune system is still a little week but she is working.) We also during this time had to deal with the city condeming with an apartment we lived in finding a new place in 15 days dealing with Columbia Gas dragging it's **% putting in the gas line they assured our new landlord it would be in Dec 28 it didn't get put in until Jan 7th. She was there for this guy as much as possible and did a lot of work for him after "hours" BUT it wasn't good enough so my wife gave her notice.

The second was a woman.

Worked there for a week--Jury duty came up and all of a sudden my wife weight is an issue. She claimed my wife she get some disability herself THAN claimed my wife was stealing a scarf from her--MIND you my wife brought the woman the scarf she found after organizing the woman's closet --which the woman requested my wife do for her.

[pacalo]

34. That's the thing about the very patients who need caregivers the most --

particularly those who are near the end of their lives. They get unduly suspicious, even toward family members. My mom thought my brother had sold her house & that she was in a nursing home; she didn't recognize the room in her own home.

They also can get grumpy & critical. Believe me, that goes with the territory. They're not feeling well, they resent their situation, & they're afraid of death. Those around them become the target of their anger. Having the agency as a go-between gives complainers someone else to complain to that they know will listen to them.

I wish your wife the best. (I love, love caregivers!)

[diabeticman]

37. My wife knows that. She just is worried. She says your rep is all you have in this business.

She has basically worked with this type of field (Mentally/physically challange individuals) for about 10 years.

She did take a 4 year break when she did telemarketing--but that was when gas prices got really high and she needed to stay in town.

[Prism]

42. Check with social services

Ask if they have an in home supportive services program. That is usually a county or state run caregiving agency for the sick and disabled.

Some state and county supportive services do provide benefits (in CA, if a caregiver works 80 hours a month, they receive dental, vision, and health insurance).

It, of course, varies by state, but it is a good avenue for your wife to investigate.

[diabeticman]

46. I will have my wife look into this. Thanks for the info.

[IdaBriggs]

18. How long has she been working for them?

If it has been a while, and she has "higher wages" they. Ight be screwing with her.

One of my friends lost a steady client because it was a higher rate (after she worked/established the relationship), at which point the supervisor gave it to a "favored" employee and went back to crap hours/unsteady paycheck.

[diabeticman]

23. She started working for them in Sept. She didn't even get her 90 review so that she could go up to

the $9.15 she was promised after the probation period. IN FACT those people recently hired have started out at $9.00 and she is still stuck at $8.85

[pacalo]

25. If not for the benefits the agency provides...

your wife would be making almost twice the money she's getting now if she were on her own. As it is now, I'd guess her agency is taking $6/hour out of what it's getting from clients. Believe it or not, there are families out there who are not getting assistance & would pay the $15/hour for a good caregiver.

[diabeticman]

27. I'll tell my wife to put an ad in the paper.

[pacalo]

36. I think she'd be much better off.

My family & my in-laws' family were so appreciative of our caregivers, we could have kissed their feet. We knew how difficult & stressful the job was. Another advantage for the caregiver is that when the patient complains, the family knows the patient well enough to understand where it's coming from.

[pkdu]

28. My own 2 cents. She should probably have asked to be excused Jury Service...

She probably still can and be replaced by an alternate.

[diabeticman]

30. She is going to try BUT it seemed to her they really wouldn't take the excuse. She was going to try

the first day but they gave a 1/2 hour speech on how you can't be excused because of work. They arrested one man who argued with the judge about it. They really didn't anyone a chance --at least that is how my wife felt. The judge basically said deal with it.


After this experience she is seriously thinking of not voting and never wants to see a judge or lawyer again in her life.

[pkdu]

31. She has the right now to be excused...

She can rightfully claim she has adverse impact (clients don't want someone who is unavailable 1-3 days a week)....it's a pocketbook impact that jury duty pay doesn't cover.

[diabeticman]

33. 1 once every 5 weeks.

[Manifestor_of_Light]

32. They can't fire her for jury duty, state or Federal.

She needs to tell the prosecutor that her employer is threatening to fire her for having jury duty. Have her call the prosecutor and tell them exactly what is going on. She is protected by Federal law.They may well haul the employer into court for a talk with the judge at the bench, if they don't get the message.

They could even put the employer in jail for contempt of court, just to hammer the message into the boss's head. You CANNOT fire an employee for missing work for jury duty, grand or petit, state or Federal. Period.

Federal judges are the Prince of the Realm (their district).
They have a lot of power.

Yes, I am a lawyer but I don't practice nor do I play one on TV, like Shatner and Spader. I was a court reporter for twenty fricking years AAGGHHH!!


Downwinder in reply #16 is absolutely correct.

[diabeticman]

35. BUT they aren't really firing her THEY are telling her that they can't garentee employment with a

consumer on a regular bases. the Supervisor only said that my wife should do what would best for us and if that includes finding employment at another agnecy feel free too.

So he really didn't fire her from the company. He is just saying you are going to be consider a floater/ fill in. son't expected for us to give you any regular hours.


She may only have 8 hours a regular employment and that's only because her co-worker got her a few hours at the house she is working in. The agency itself isn't trying to place my wife...At least that the impression she got from the converstation.

[Manifestor_of_Light]

38. In any case, she needs to tell the prosecutor and let them sort it out.

They know the law. So don't second guess an attorney.

Your wife won't know one way or the other until she asks the prosecutor.

Do you understand?

[diabeticman]

39. Yes. I'll tell her. She was going to talk to the court clerk in charge of her panel. She hears

from several AUSAs in a day's worth of hearings.


She is hoping the clerk can tell her who to talk to.

[Manifestor_of_Light]

40. Good. At least she'll find out whether the employment situation matters.

that will be fifty cents, please.

[diabeticman]

41. hmmm. okay.