CARE.COM EXPERT WITNESS TESTIMONY AND CONSULTING FOR ATTORNEYS

Care.com expert witness testimony advisors and testifying law firm pros look at the well-known service that connects families with caregivers for services like child care, elder care, pet care, and housekeeping. And of course, you’d hear from Care.com expert witness providers how it has grown in popularity as a go-to resource for finding service providers. But  due to the nature of its services, legal disputes may arise.

1. Contractual Disputes and Service Agreements
   The service connects clients with caregivers through contracts for services such as babysitting, elderly assistance, or housekeeping. Disputes can occur regarding the scope of work, payment terms, or the expectations outlined in the service agreement. A Care.com expert witness reveals how the contracts work, including the service’s terms of service, cancellation policies, and responsibilities of both parties. Consultants provide clarity on whether the terms of the agreement were followed and offer expert insights on how disputes should be handled according to the service’s guidelines.
2. Liability and Insurance Coverage
   And of course liability concerns are prevalent in caregiving situations, especially when there is an incident involving injury, neglect, or property damage. A Care.com expert witness can provide insights into the service’s liability policies, including how caregivers are covered by insurance and what responsibilities it has for incidents that may occur during service delivery. Folks help determine whether the service’s insurance applies in cases involving caregiver negligence or harm to the client’s property or health.
3. Payment Disputes and Fraud
   The company facilitates payments between clients and caregivers, and disputes over unpaid wages or fraudulent charges can arise. Your typical Care.com expert witness explains how it processes payments, including payment methods, transaction security, and how the service’s escrow service works. Leaders also provide clarity on refund policies, resolving disputes when caregivers or clients claim they were charged incorrectly or failed to receive agreed-upon compensation.
4. Privacy and Data Security
   Since it handles sensitive personal information, such as social security numbers, medical details, and payment methods, issues of privacy and data security are critical. A Care.com expert witness can testify on the service’s data protection policies, compliance with privacy regulations like the General Data Protection Regulation (GDPR), and how the service ensures that user information is kept secure. KOLs explain what measures Care.com takes to protect user data and investigate potential breaches or misuse of personal information.

5. Employment Classification and Misclassification
Caregivers are typically independent contractors, but disputes can arise over whether they should be classified as employees. A Care.com expert witness can provide insights into how Care.com operates as a service that connects clients and service providers. Advisors clarify the legal distinctions between independent contractors and employees, and testify on how Care.com facilitates relationships between families and caregivers without directly employing the caregivers. Expertise is vital in employment-related cases where misclassification is at issue.