Work Camp Agreement
At the end of every season the CalOHA office receives dozens of calls from park owners with questions about work campers with the most asked question being, “How do I get the work camper out of my park?” CalOHA has a solution.
We worked with Christina Spiezia, Senior Counsel at Rudderow Law Group, to produce a Work Camper Agreement. The new CalOHA Work Camper Employment Agreement is used when hiring a work camper that is new to the park.
Christina and Rudderow Law recommends that parks should only hire work campers that are NEW to the park. If you choose to hire a current resident you may have several other issues to contend with including the fact that this employment agreement will not work. We recommend seeking legal advice on drafting a proper agreement tailored to the specifics of your park and your situation with a current resident. Additionally, work camper’s who are residents are often times friends with other residents which makes it difficult for them to manage. This does not set your manager or your park up for success. If you need to dismiss a resident work camper and they are disgruntled they will share their misery with all other residents to perpetuity.
“The agreement we are providing you is an employment agreement where housing is incidental to employment. Now, if the employee lives in their own RV or mobilehome and already rents the space, and is then hired as an employee, that a different situation and would require a separate agreement, and there are a couple of issues with that situation. First, if the person is already renting the space and has their own RV or MH, if the employment contract is terminated, you wouldn’t be able to terminate their tenancy. Termination of employment is not one if the seven authorized reasons for termination of a MH tenancy or RV residency. Second, if the park wants to terminate their employment and reinstate their rental of the space, how do you compel them to start paying rent again? (In a situation where someone is already a resident) … we would NOT recommend including a provision stating that upon termination, the tenancy ends, because the RV Code does not allow termination of tenancy based on termination of employment. “
CalOHA recommends utilizing the new work agreement as is without making changes. If you choose to change the agreement it will need to be reviewed by legal counsel. Call the CalOHA office for access to the new agreement!
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