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I. How We Work in Washington. Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services. APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
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Despite me not providing care to my friend. My care provider employer has threatened me with being dismissed unless I refrain from seeing our friend. My friend has not been informed of this action.Is this legal?
No, this is not legal. To try to prevent you from seeing a friend. HOWEVER, most states are now "right to hire and right to fire" which means that your employer can FIRE YOU if only because she doesn't like your hair style.
How in the world, may I ask, would your employer know about your visiting your friends? That seems exceptionally abnormal. I am 82 and none of my employers over a lifetime were ever even aware of who my friends ARE? So I am puzzled?
That would be a 'Right To work' state, Alva. If the OP is in a state that does not have those laws, go straight to the state's Labor Department and retain the services of a lawyer who specialized in civil liberties and workers' rights.
If it is a 'Right To Work' state, well I'd say move to a state that isn't one.
My guess is that there is more to this story than just the bald facts we have, and that it is about information 'shared as friends' between the worker and the client/ resident that is outside the usual worker-resident relationship. The employer may not want ‘gossip’ about worker issues being circulated among the residents. It certainly would be 'something in common' to talk about if you are both in the same place. If it hasn’t actually happened, that’s probably what the employer is concerned about. It only 'doesn't make sense' if your friend has no contact with other 'clients', so couldn't spread 'in-house' information. Perhaps you can deal with this upfront?
That is my guess as well, because it is completely abnormal for ANY employer to know ANYTHING about your personal life and friendships, Margaret. There is something here we aren't being told.
OP should definitely do some research on his/her own state's employment and labor laws online.
Did you sign a contract? If so, what does the contract say about such relationships? Since your relationship is long-standing you surely must have texts, emails, photos, social media posts, etc., that prove a pre-existing relationship? This is separate than their threats being legal or not but it would be an easy way to get them off your back.
I think your employer is way off. As long as you are not caring for this client and are not a threat that you will be taking the client away from the agency, being friends has nothing to do with it. Call your County Labor Board and see what they say. There are non-compete clauses in contracts, but this is not competing.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
HOWEVER, most states are now "right to hire and right to fire" which means that your employer can FIRE YOU if only because she doesn't like your hair style.
How in the world, may I ask, would your employer know about your visiting your friends?
That seems exceptionally abnormal.
I am 82 and none of my employers over a lifetime were ever even aware of who my friends ARE?
So I am puzzled?
If it is a 'Right To Work' state, well I'd say move to a state that isn't one.
OP should definitely do some research on his/her own state's employment and labor laws online.