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.
This is Judy Justice.
Tracy Gallon
is suing her client, Ronald Webster,
for unpaid wages while working as a home aide.
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.
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.
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.
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--
$22 an hour.
Is that with or without your tips?
That's with tips.
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?
68 years old.
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.
And was your mother pretty strong-willed?
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.
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...
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,
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?
23rd.
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.
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. Rats, oh.
Makes it so easy.
Tracy Gallon,
claims her client, Ronald Webster owes her unpaid wages.
Now, the agency. Was she paid from an agency?
Yes, your Honor. 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. Rats, oh.
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...
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. Yes.
- Always. - Always follow the money.
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.
I'm sorry, not with my mother. Not rent free
Lives with her. 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.
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?
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.
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."
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?
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...
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."
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?
Yeah. - Yes, your Honor.
You're done, so is your counterclaim.
$2,600.
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.
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.
To me doesn't make sense.
But perhaps somebody will straighten me out a couple of cases from now.
Maybe we'll see.
Want justice?
Go to JudyJustice.tv