02x117 - Caregiver Stayed But Not Paid

[bunniefuu]

[Judy] You were
taking care of his mother.

Yes, your Honor.

Did she get paid?

No one had their paperwork,

taken care of yet.

He stated out of his mouth,

he would pay out of pocket.

No, your Honor.

You think that she should work for free?

You can either make it easy or hard.

[Narrator]
This is Judy Justice.

[Narrator]
Tracy Gallon

is suing her client,
Ronald Webster,

for unpaid wages while
working as a home aide.

[baliff] Court will come to order.
All rise.

Have a seat, please.

-Hello, judge.
-How are you, Kevin?

Good, good. Case 2168
Gallon vs Webster.

-Thank you.
-You're welcome.

[Judy] Mrs. Gallon, you are
a home health aide?

Yes, ma'am.

Did you go to
any particular school or have any

training to be a home health aide?

Well, I went to CNA nursing school.

-CNA? What is that?
-Certified Nursing Assistant.

And you have been doing that
for over a decade?

Correct.

Do you need any license
in the state that you're from

in order to be a CNA?

CNA, yes. Caregiver, no.

But you have a license
from CNA?

Yes, ma'am. I also have
a license for medical assistant.

[Judy] Now, there came a time
when you answered

some sort of an ad by Mr. Webster.

Mr. Webster had a mother,

-who was ill and needed some
-Yes, your Honor.

assistant in caring for her.

-Are you a working man, sir?
-Yes, your Honor.

-What kind of work do you do?
-I'm a caterer and a DJ.

And also a driver.

Do you get any salaries
from any of those jobs?

It ranges from job to job.

-Uh...
-Usually, how much?

For DJ. A couple of hundred.

-Uh...
-Couple hundred for how many hours?

It's based on by the job. The location.

Things of that nature.

So, it can vary.

[Judy]
Caterer?

Catering. We're building a family business
so basically getting started with it.

Probably made as much
as $1,800 for a catering event.

So, again it was brand new,
prior to the pandemic.

Okay, and what's your
steadiest source of income?

Driving as of now.

How much do you make,
approximately an hour driving?

Now, probably $22.

With the subtractions for...

[Judy] $22 an hour.

Is that with or without your tips?

That's with tips.

[Judy] Did you always
live with your mother?

I lived with her for quite some time.

Say within the last 10 years?

Within the last 10 years,
I moved out three and a half years ago.

Due to illness, I was staying with her
so I wasn't able to work.

During that time I went to school,

to become a caterer, cook, etc...
culinary school.

Business school because
I did have aspirations to

open a restaurant eventually
or a catering business, eventually.

So you didn't live with your mother
for the last three and half years?

-No, your Honor.
-What kind of illness did she have?

My mother was diagnosed
initially with COPD.

I forgot exactly what those words are,
but it's a pulmonary, it's...

I know what COPD is,
it's a pulmonary disease.

You're better than me [chuckles].

Then there's also emphysema along with

some other things that I was not made
aware until she passed away.

How old was she?



A kid.

Yes, your Honor.

How long was she bedridden?

From when to when?

November 23rd until her death date,
April 30th.

So, all the time that the plaintiff
took care of her she was bedridden?

Yes, your honor.

[Judy] And was your mother
pretty strong-willed?

[chuckles] Yes, very much so your Honor.

And the COPD and emphysema,

was in all probability,

at least in part, if not all

attributed to her smoking?

Yes, your Honor.

Now according to
your complaint Mrs. Gallon,

you worked for Mr. Webster

in taking care of his mother,
with whom he didn't live.

Is that correct?

-Yes, your Honor.
-Did anyone else live with her?

My son lived with her.

How old is he?

He's 29 years old now.

What does he do?

He was working at the time for Tesla.

He was but he's no longer?

-No longer.
-But at this time,

-he was working for...
-He was working for Tesla

-the whole time?
-Yes, your Honor.

The whole time from
the release from the hospital

up until her death day. Yes, your Honor.

Now, the house belonged to your mother?

Via rent, but yes, your Honor.

-She rented it?
-Yes, your Honor

-She's a renter?
-Yes, your Honor.

So, her grandson just stay there with her.

-Yes, your Honor.
-So he slept there

and you were supposed to
come during the day?

Yes, your Honor.

[Judy] Monday to Friday?

Monday to Saturday.

Okay. Now do you have the ad
that you got from the defendant.

I do.

Let's see it, Kevin, please.

Thank you.

I also have the messages,
your Honor from that ad...

[tuts] Let me just read this.

Okay you were asking for somebody good to
take care of your mother

because she was
a great caretaker all of her life.

-Yes, your Honor.
-Very nice.

All of my life.

-All of your life.
-Yes, your Honor.

And in it

he says IHSS for now.

Would you explain what that is.

It's In-Home Supportive Services.

From the Federal government or the State?

From the State if I'm not mistaken.

And you are from the state of?

California.

Well, this is what he wrote.

So, when you spoke to him with
the same parameters of your employment

as contained in his ad
that you would be working

for IHSS for now,

maybe more in the future.

I don't know what that means.

I assume it means that if it works out
you'd be paying her in addition to

what she was
making with IHSS.

-No, your Honor...
-What does this mean?

IHSS for now,

-[Ronald] Yes.
-Maybe more.

What does that "maybe more" mean?

I, honestly can't recollect
what that meant.

I am aware that I did send
that text message or that

Facebook post.

Is there anything in any of
the text messages you have

that indicates what "maybe more" is?

Yeah, just verbally,
he stated out of his mouth

that anything extra, him and his
son will pay out of pocket.

Okay, extra like what?

-Extra...
-Extra hours if

the hours that I agreed to work to,
if they needed to be extended,

my traveling time,
my toll from where I was driving from.

-He was supposed to comp...
-Reimburse you.

-Yes, ma'am.
-Is that correct, sir?

No, your Honor.

Now, you started working when?

February 24th was my first day.

From February 24th until April what?



And that was 6 days a week?

It varied because,
depending on my schedule.

So every other week
I would work Monday to Friday.

And then the additional weeks
I work Monday to Saturday

So it's between five and six days a week.

And how many hours a day were you working?

Five.

So when you came in to work
was the grandson still there?

Sometimes he was and sometimes he wasn't.

-And if he wasn't. Ms. Webster was alone.
-Correct.

-And when you left was she alone?
-Yes, ma'am.

And then hopefully, the son came back
to assist her at night.

From my understanding,

there was another caregiver that
was supposed to be there at nighttime.

Which I never saw so I'm not sure.

Did you have another
caregiver there at night?

-Yes, your Honor.
-And who was that?

Her name is...

-How long was she there?

You mean her work time or
her duration of employment?

Duration of employment.

The same time that Tracy started.

Did she get paid?

-I'm not aware...
-Just a second.

Did you fill out papers for...?

-I, your Honor...
-That's just it.

No.

If you didn't fill out papers for her then
she was working for nothing

or she got paid from you directly.

[sucks in breath] Before you answer me.

You had a nighttime person who was
hired at the same as the plaintiff was.

Either she was paid from an agency,
or she was paid from you,

or she did it gratuitously.

What was it?

Had your son ever applied
to be a caregiver for your mother?

Think carefully before
you answer that question,

because this one knows all.

Had your son ever applied to be your
mother's caregiver?

-Yes, your Honor.
-[gasps] Rats, oh.

[whispers] Makes it so easy.

[narrator]
Tracy Gallon,

claims her client, Ronald Webster
owes her unpaid wages.

Now, the agency.
Was she paid from an agency?

-Yes, your Honor.
-[tuts] Don't say "yes" if she was not.

If she was not paid by the agency,
cause she didn't get paid,

then say she'd never got any money
from the agency.

And if you never filled out any paperwork,

she couldn't have
gotten paid by the agency.

Correct.

-Why don't you just...
-Oh let me rephrase that

because this is where
the trepidation comes along.

Neither of the caregivers were
properly inputted into

In-Home Supportive care system.

So, there's allotment that is allowed
where caregivers can work

in hopes of having
a large lump sum payment

once they get their paperwork, background
check and everything else taken care of.

So up until the 29th,

no one had gotten paid

because no one had their
paperwork taken care of yet.

So, it's on the 29th when
that starts to come about

so I personally never signed
any paperwork

for neither of the caregivers.

Not true, your Honor.

Just a second.
That's what he's saying.

So he signed no paperwork.

And she worked for you from
February to March. March to April.

For two months.

How much did you pay her
in the two months she worked there?

Out of my pocket,
I paid her $110 with a caveat.

It was the first time that
she worked on a Saturday.

I asked her to do so, because...

Just tell me how much you paid her?

$110

Anything else?

Because I had
a Calander'd DJing event.

I was not filling anything up
until that point.

-Mr.Webster.
-Yes, ma'am.

Yes, your Honor.

You seem like a nice man.
It's gonna cost you money.

You can either make it easy
or make it hard.

From February to April,

did your son work?

Yes, your Honor. He worked at Tesla.

Then I'm not finished with you with that.

Your son worked for Tesla.

I assume Tesla paid him.

I'm assuming he got paid too, your Honor.

And when you worked as a caterer,
I assume you got paid.

I was not working as a caterer
during that time, Your Honor.

Were you working
as a driver during that time?

I did work as a driver
during that time, Your Honor.

Did you get paid?!

Yes, your Honor.

Prior to the plaintiff getting hired,
and this other woman,

Had your son ever applied
to be caregiver for your mother?

Think carefully before
you answer that question.

Think very carefully
because this one knows all.

Had your son ever applied to be
your mother's caregiver?

-Yes, your Honor.
-[gasps] Rats, oh.

[whispers] Makes it so easy.

And when did he apply
to be your mother's caregiver?

According to their information I have
which I was just made aware of...

Just a second.

-Yes, your Honor.
-That's a lot of...

[laughing]

Your son is in your mother's house.

-Yes, your Honor.
-You're there all the time

because you're interested in your mother.

You are the next of kin.
You have to sign off.

Did your son sign up
to be your mother's caregiver and when?

Give me the month, day,
and year that he signed up.

According to the paperwork I have

I have to look at it because I don't...

Look at it. You can look at it.
I just said give me the date.

Sarah, what's on paper
doesn't always make sense right?

-Yeah.
-You know?

You figure it out along the way.

-Follow the money.
-[laughs] Yes.

-Always.
-Always follow the money.

[paper rustling]

[Sarah] Leads you right to
where you want to be.

Lets go.

According the paperwork I have here.

His paperwork was started on
August of 2021.

When was it signed?

It does not state that.

And she started working in February.

-Is that right?
-Yes, ma'am.

So between August
and February, Mr. Webster

who took care of your mother?

My son lived with her.

He's...according to this I was not privy
to this information before.

-Okay, let me understand something
-Yes, your Honor.

This is not a house select
committee investigation sir.

This is just a courtroom
trying to figure out

who took care of your mother who was
unable to take care of herself,

from August until February when you got
another caregiver.

And whether that person
was signed up to get

In-Home Health benefits.

So the answer is, partially,

I know that your son,
who lives with her rent free.

[defendant laughing]

I'm sorry, not with my mother.
Not rent free

-[Judy] Lives with her.
-[defendant] Yes.

Maybe not, then maybe,
Kevin and I are paying the rent.

You never can tell.

I don't know how much and
I can't ask you how much

money your son made
between August and February.

Maybe she got
a little too difficult for him

to deal with because of this
in stages of being sick that way.

You require a lot more help
than you want your grandson

to take care of.

And so you needed somebody else.

Now, I've about,
just about Mr. Webster,

reached the end of creating
the picture in this case.

But the plaintiff was there and so far
you've given her a 100 bucks

in two months.

You got paid during that time period.

Your son who worked for Tesla
got paid during that time period.

You can bet your bottom booty

that I got paid during that
period cause I worked.

Nobody said to me

"Well you didn't get your form in right,
there we're not paying you"

Rude, you're not paying me.

You can find me today,
getting my pedicure.

[laughters].

She stayed even though
she didn't get paid.

Now, if she didn't work for you

could you or your son have gone out to do
their other work?

Or would you have left your mother alone?
What would've you done?

Possibly make other arrangements,
your Honor.

Possibly. You mean get another sucker
to work for free.

You think that she should work for free?

You think that she should work for free?

No, your Honor but I don't think
she should smoke cigarettes

-with my mother around.
-This is your counter claim.

Your counterclaim is stupid.

-Okay.
-Your counterclaim is stupid.

You just told me before

your mother is the kind of woman that
would do exactly what she wants to do.

And what you think yourself,

since you're not there
and off doing your thing,

somebody who is terminally ill,
not getting better.

You knew that right?

-I did know.
-You did know that.

And if your mother chose an easier way

to go than the one you selected for her.

That would've been her prerogative.

That's also a fair statement.

-Yes, your Honor.
-Okay,

so you didn't like the caring that she
did for your mother

but, actually her leaving
had to do with you not paying her.

You didn't fire her.

Okay, let's put it another this way.
Did you fire her?

No, your Honor.
Because I did not have the power to do so.

-No, you did not fire her?
-No, your Honor.

-That's not true, your Honor...
-Who put in

Who is Ron Webster?

-I am Ronald Webster.
-You hired her.

No, your Honor.

[laughs] Well, this is you.

"Need a good caregiver for my mom."

"Need."

That means I need.

Yes, your Honor.

Okay, now let's go
to one other place.

Okya? Then I'll let you talk.

Right now it doesn't seem
to be that your losing.

-Right?
-Yes, your Honor [laughs].

In March. Ms.Gallon.

"Where's my money? You know I'm taking
care of your mom. There's no money."

What does he say?

He kept blaming IHS,
he needed to talk to them.

And IHS just kept responding to me
and was just like, "He's crazy."

[narrator] Tracy Gallon,
is accusing her client, Ronald Webster

of refusing to pay her
after caring for his mother.

Ronald claims Tracy smokes ciggarettes

and marijuana while working.

How much do you think
the time that she worked there,

taking care of your mother, was worth?

Your Honor, I, personally,
could not put a price on that.

I know that she is contracted through
IHSS for $16 per hour.

Does your mother have
a life insurance policy?

My mother had a couple of
life insurance policies, yes.

What were they and who were
the beneficiaries?

-I was a beneficiary...
-Of what? How much?

The total was $3,700.

Did she have a separate
policy for her burial?

No, your Honor.

-Did she own any properties anywhere?
-No, your Honor.

So what was the total you received from
the estate?

The policy was set to pay $1,300 which I
have not received at all.

You mean in addition to the $3,700 you'll
receive another $1,300?

$13,000 it what I was meant to say.

-Oh.
-I said 1300 I misspoke.

-$13,000.
-$13,000 total.

How much did you pay

for the interment,
the service if there was one.

Whatever, how much did you pay?

You paid for, what I assume
out of this money.

I have not done all the math,
it's upwards of $15,000 or so.

-As I'm still...
-Haven't done all the math.

Fine. How much are you owed?

I have it there. 26...

the whole breakdown is...

The amount was $2,912 minus the $300.

-You say he gave you $300 not $140.
-Correct.

-Okay.
-He CashApp-ed me $300.

My question is that at $16 an hour?

Yes, ma'am.

Which is what you would've made.

-Correct.
-Do you have any other evidence

to support that fact
that he was helping you

or that he agreed that this money
was due and owed to you?

I have the email here where he was
asking me to send the total of hours

what he owed me.

May I see that Kevin, please?

[footsteps].
[paper rustling].

[turning paper].
[Judy sighs].

[turning paper].

And this is also the payment
that he did pay me, the $300.

Well this is from you.

Yeah, he asked me to send that
to him because he kept acting if...

-No, but this is from you to him.
-Correct.

Can I see you answer to this
when she sends you this document.

-I don't have that email.
-Well, do you have...

[stammers] I could check my phone.

No.

Okay, now in March,
Mrs. Gallon.

"Where's my money you know I'm taking care
of your mom. There's no money."

What does he say?

He kept blaming it on IHS.

He needed to talk to them.

And IHS just kept responding to me
and was just like, "He's crazy.

I don't know why keep
reaching out to us.

We keep repeating the same thing."

[Judy]
He said he never filled out forms.

Also, this is the contract that he signed

stating that I am the IHSS provider,

if there's any extra fees that were
over the hours that were allowed for her,

that he would have to cover out
of his pocket.

No, he said he never
filled out these forms.

No, that is the contract he signed.

We have to sign that
with IHSS first

to approve me even to be
to being the worker for his mom.

So once they approved me
and I went through orientation,

he signed that he would be
responsible for the hours.

I kind of marked it on there
where it states that

this is the contact and this
and you know this is what comes with it.

Also, here are the timesheets I
submitted.

Okay. Not necessary.

He acknowledges that
he didn't pay you any more than

he says $100 you say $300
that's actually in your favor.

$2,612. I suggest you take it out of

the $13,000 that you recieved

from your mother's life insurance.

I'm sure she would like
her caregiver paid.

The one who took care of her in the last
couple months of her life.

Your counterclaim was just ridiculous.

Dismissed for the reasons I already said.

The fact that the defendant
may have either smoked with her,

or allowed your mother to smoke
in the last couple of years of her life

is ridiculous.

You're the one who said to me.
"My mother is my mother is my mother.

She'll do what she wants to do."

Is it something like that?

-[Tracy] Yeah.
-Yes, your Honor.

You're done, so is your counterclaim.

$2,600.

[Kevin]
This court is adjourned.

Yeah, my mom's death...

I've been doing everything I can to make
sure she was taken care of and um...

you know it's unfortunate.

I'm really happy with the decision today.

I was glad she was able to see
through all the lies and everything.

The plaintiff would give her
cigarettes to stash for her

so she wouldn't over-indulge
herself smoking cigarettes.

Yes, I would go and
get her the cigarettes

because that was her
last thing she wanted. So...

At best while taking care of my mom
she did a pretty good job.

I've never denied that.

I've also wanted her to get paid.

Just blamed it on IH...IHSS and

just there was no really reason for him
to not pay me at all.

I've been ready to put it behind me.

This has been a nightmare since my mom's
death, right before that.

I'm certainly glad to get it behind me.

I really did give her the best care I
could. You know, she was happy.

She was very happy. So...

I'm okay with everything.

[Sarah] Cases like this are sad but
it shines the light on the whole

sector that is elder law.

And there are so many federal
and state programs

to make the elderly and vulnerable
feel more comfortable,

to stay in their home,
to be able to pick their own provider.

But unfortunately, because of
all the overlap and lack of oversight,

there's a lot of fraud that takes place
with the most vulnerable population

and like you were just talking about,

your mother is the one you rely on
for a majority of your younger years,

-Yeah.
-to keep you alive, bathe you, feed you

and towards the end,
it's just unfortunate

that they don't receive the same
care as we do in the beginning.

Yeah, they're not being watched

as carefully
by the people that they cared for.

Yeah, but I...

The plaintiff here surprised me.
I mean working two months,

five days a week.

And she stuck with her job.

Went for no money and no real

end in sight for when
she was going to be paid.

I respect her for that.

She obviously cares about
her business and about her craft,

as being a healthcare worker,
so I appreciate that,

but it shouldn't fall of kind-hearted

people like that to
take care of our elderly.

Maybe. Not sure. I...

I think not everybody is fortunate enough
to have children.

-Yeah.
-If you have children,

that fit into that mold,

and I think that's wonderful

that the state for those people
that don't have loving

families to support them
if they're sick or elderly.

For the state to provide
a mechanism for those people too.

-Get from their bed to a bathroom,
-Yeah.

to another room, to a meal perhaps.

I think it's wonderful.

I think that this country,
Sarah, can't do everything.

-Yeah.

And I know that
we discussed a moment ago

not bringing in another case, but...

To me, when you don't give money
to somebody who did work.

In the betterance of society

and you send stimulus money to prisoners.

Who are there because
they did something wrong,

and you send $1.2 billion
in stimilus money

to people who are serving
life terms in prison.

[laughing] To me doesn't make sense.

But perhaps somebody will straighten
me out a couple of cases from now.

Maybe we'll see.

[Narrator] Want justice?