Wednesday
Employer Demands Nanny Pay for Front End Damage
I am a nanny in the White Plains area and have a problem that could cost me my job. As part of my daily responsibilities, I drive the children to school and appointments. Last week, while coming out of a parallel parking spot, I hit a truck. There was no damage to the truck, but damage to the left front end of my employer's car. I called them right away. They first said insurance was going to handle it. Then they said, they were not going through their insurance company, but we're just going to pay for it. On Monday, my female boss told me that they were not comfortable paying for the damage because I caused it and it was my error. The estimate is $1750 for the damage. She told me she wanted me to pay for it. I talked to some nanny friends and they told me that wasn't fair so I talked to them both Tuesday night and said that they made the choice not to go through their insurance company and that it was their choice and I wasn't going to pay. The father became really irritated and said something like, "you're standing here telling us what you will and won't do?" He also said, "I guess you REALLY needed that donuts, didn't you?" That remark was in reference to my weight. I got the ticket after stopping to get a bagel and coffee, during my down time while I was out running errands for my female boss anyway. Our conversation ended with my male boss telling me that they would be taking out $250 a week from my paycheck until the debt is paid. He also told me, "you're welcome to walk out that door, but I wonder what you think you'd be leaving with". He was really mean and made me cry. I know, pathetic. I left in tears. This morning I showed up on time and he was gone. I dealt with my female boss who said, "I'm sorry you were so upset. I worried about you getting home okay." But that's it. Do you know how I feel right now? Like I've had nine cups of coffee. I know the error was my own. What do I do? I work as a live-out nanny, off the books and get paid $785 per week. I really need some advice. I am getting all kinds of advice, like "get more estimates, see if a friend can fix it for you, ask to pay less per week, ask to work more hours and have the extra hours go towards the repair bill." Help!
I had a similar experience with a boss' vehicle. I've never drove something that big- so we sat down and told what happen. How I felt more comfy driving my car. And we discussed how it wad going to be paid. Yes, dad boss was angry but was able to get over it-I was going to dtive a car that was more conforting. Just talk to t th em. Accients happens-whyctgey arevaccidents.. Sit down and just talk.
ReplyDeleteI can't say I agree with Sara especially since the employer is already focusing on his employer privilege. Who was he to make a comment about a donut? It was not designed to start a conversation that would be mutually fulfilling but to hurt you!
ReplyDeleteI would tell them you are going to sell something and pay them in cash on April 3. Pick a date out of the air. Take your full paycheck on Friday and flea. Even if you have to go without a paycheck temprarily, you will still come out ahead. I wouldnt work with someone who insulted me like that. And what is with these wishy washy wives who never stand up for the nanny in front of their husbands? My employers are an equal team. I never thought it until now, but that is very important to me!
#WHATADICK!
ReplyDeleteIt's their choice not to go through their insurance. I would ONLY offer to pay the deductible (ask for proof of how much that is).
ReplyDeleteThe father's comment about the donuts was very rude and unacceptable.
Sounds like nannies should include how this kind of situation should be handled in their contracts.
Call a lawyer for free advice and explain what's happening. See what they have to say. That way you can sit down and tell them you already spoke to a lawyer.
ReplyDeleteIf they are paying you off the book , they could get into big trouble for that .
ReplyDeleteI read some of the comments and should be considered the advise of a lawyer at first step. To know the basics of your employment agreement, a few things should be taken care of such as inclusion of your name on the insurance policy. By what you said I assume there wasn't a police report and no claim from the other driver. The estimate cost for the repair should be done by you and the boss. Is not cheap to use the insurance company because will rise the premium for the next renew. If the car is a lease the pressure for timing and quality of the repair is at essence. My assumption is, even if you pay, the relation is damaged and no guarantee you will be kept the job after paying. I would agree to pay for half of the cost with $100 per week and keep the job for as long and tolerable as possible. For future reference use your own vehicle instead employer's.
ReplyDeleteI guess I don't understand why this is an issue. You used their car and damaged it. You are responsible. Their insurance premium would go up if they go through insurance. I don't know why you would consult a lawyer. You are at fault, and you are the one who told your employers. I feel that they should have sat down with you and discussed payment options and what is most comfortable for you and for them. But there's no doubt, you are responsible.
ReplyDeleteNo your not fully responsible. Yes you did the damage but you were running errands on the job. Not free time. They could submit thru insurance. That's what it's there for. Maybe offer to pay the deductible say for example mine is $500.00
ReplyDeleteAlso as some others mentioned you should be on their policy. But if they are paying you off the books I doubt it.
Definitely listen to other level headed people on here. Go talk to a lawyer ASAP!!
Corina, the judges would have a field day wih you. The moment you get behind the wheel is the moment you take on full responsibility for the vehicle, its contents and any other property you may hit while out on the road.
ReplyDeleteOP...the parents have every right not to go through their insurance and the right to pick who fixes their car. Yeah, they are dicks about how they went about it. They have no right to keep your earnings though. You need to agree to it. Otherwise, court gets involved. You being paid underthetable though has put you in a huge pinch and at greater risk for IRS issues. Come to an agreement.....$250 a week is ridiculous. Max $150 a week but shoot for $100.
-Angi Martin FB
No. You are their employee and were using the vehicle for work they required of you. It is their responsibility to maintain and repair the vehicle even in event of an accident. This is the cost of doing business.
ReplyDeleteIt sounds like the relationship has been soured beyond repair. He will always hold the accident against you. You will always remember his attack on your weight. Time to move on.