Received Monday, October 27, 2008. - Perspective & Opinion
I just left a temporary Nanny job after 3 months. Mom is transitioning to be a SAHM and I had the option of staying on PT and working with her but ultimately decided against it (maybe that's what upset them?) Anyway, at the beginning, the Parents explained to me that they would be withholding a check for 2 weeks, meaning that I would get my last check 2 weeks after the job ended. I wasn't too happy about it, but they made it sound like it was a good idea and that I would "appreciate having one more paycheck to look forward to" after I left. The pay was pretty decent, I needed the job, so I said fine.
It wasn't long before I realized they were going to be difficult to work for. Every morning I came in there was a "to do" list that just seemed to get bigger week by week. I would always end up doing a huge sinkful of dishes from the night before, vacuuming, laundry - you name it. It really bothered me, but I did what they asked and I know I did a good job, all the while taking care of 3 children.
It's been almost 4 weeks now, and no paycheck. At first they said they were going to mail it to me, so after waiting several days and no check, I finally called back and they told me that they weren't satisfied with my work! They never said anything about the way I took care of the kids, just that the "housework wasn't up to par"! I never signed on to clean their house and for all the extras they made me do, I should have charged more anyway. Now I feel like an idiot for checking my mailbox every day looking for that check, knowing they had never intended to pay me. I don't know what to do. If I try to sue them, it will be their word against mine, and I wouldn't win anyway because they have money to burn. I feel used and angry, and I don't know what to do. Please help!
18 comments:
Well you can always contact a lawyer. Or let them know you are going to take legal action.
oh sorry I didn't read what you wrote on the bottom....well I am sure theres parents or teachers or neighbors who can vouch for seeing you with the kids.
you WOULD win in small claims court. I think it costs $30 to file. Use your previous checks as proof of employment and first check. It doesn't matter if they weren't "satisfied" if you worked you deserve to paid according tot he law and they will lose in court. I suggest you attempt a final email asking why you won't be paid (include dates)and use their response as further proof in court. In and out in 20 minutes- I'd bet on it.
Please tell me you have some sort of written commitment, like a term of agreement or contract. That should have been the FIRST thing you did when they said they'd withhold a check for 2 weeks...regarding that, that should have been the first red flag! You're an employee, not a child expecting allowance.
If you feel it's worth your while, seek this case out. You know these people will do this to someone else!
You may also contact the local labor board--whatever the government agency is that protects employees from being exploited, as you have been.
If you have a contract, emails discussing your work situation (with your employers or even with friends and family--something to indicate that you actually did work for them, etc.) I'd keep it.
You may be able to take them to small claims court to collect your wages. While that wouldn't be any easier time wise or emotion wise, it wouldn't have to be as in-depth as a civil trial involving lawyers etc.
Best wishes!
Like the other gals said..file a claim with small claims. Chances are they will pay you once they see you cant be pushed around. You gave them a service and they owe you...you will win in a small claims court. And whether they had a problem or not with your "work" they still have to pay you. File the claim.
Do you happen to know any lawyers or have any friends who do? See if you can have one as a favor just type up a letter on their firm's letter head stating that the parents need to pay you the money they owe using whatever legal mumbo jumbo they can come up with and send it to the parents. You wouldn't believe how many people will just give in after a letter from a lawyer.
I had a friend's dad who was a lawyer write a letter to a corrupt landlord who was holding my security deposit for no good reason and he returned my deposit immediately after just receiving the letter.
I work for two lawyers now who have always told me it's no problem to write a letter if I need them to, they like to fight for the little guy:)
You have numerous courses of action, any of which might scare them enough to pay you. If you were paid legally, tell them you will file a complaint with worker's comp or unemloyment.
If you were paid off the books, tell them you intend to file taxes and want their taxpayer ID number to file your own - that alone will cost them more than your final paycheck.
I also agree with suing in small claims. Costs you almost nothing and takes up a lot of time and effort for them.
If you don't have a written contract, don't let that stop you from filing in small claims court. If they acted like there was a contract, that is, set your schedule, gave you duties to fulfill, and paid you, then that constitutes a contract. Don't worry about it being your word against theirs. Small ciaims judges are usually very adept at seeing whose lying. You will be able to reveal enough about your job to prove that you did it.
Good luck!
PS. Sorry for typos. I cannot see this font. It's too small!
It's very simple, if you worked for them they have to pay you. They can't use your services then decide afterwards they weren't satisfied. Take them to small claims court. No matter how much they are worth, the burden of proof will be on them. If they can't provide proof they paid you, they will have to. Good Luck.
I have a lawyer friend... do you reside in the Seattle area? That is F ING ridiculous.... if you do, let me know... MAYBE we can figure something out.
Ugh this infuriates me! I really hope the small claims or lawyer letter suggestions work out for you, OP. Keep us updated.
Yup-'threaten' to take them to small claims court-that alone will get your check in the mail.
Right off the bat that wouldn't work for them. If they didn't like what you did then they should have let you go THEN not wait till you quit.
Not much to add except to agree with everyone who says, take them to court! Let the judge decide who is lying, and as stated above, if they can't prove they paid you, they lose. Only drawback of small claims court is that even if you win a case there is nothing to force the losing party to actually PAY the winning party, so I'd FIRST call a few lawyers and explain the case, to see if one would agree to writing the letter for you. If no one will do that cheap, then go with small claims.
OP, I am so sorry this happened to you. File in Small Claims court as everyone has suggested..you should walk a way with a ruling in your favor.
I do not suggest threatening the taxes if paid under the table.
If you were paid under the table..it is because you agreed to be paid that way( a mutual agreement was made) and going back now and threatening them with that makes your actions just as slimey as theirs. Do not stoop to their level.I hate it when people suggest that on here.It is really low.( I don't know if that applies to you or not,just my opinion though on that matter)
Anyhow, I hope you get your money..you deserve it .
I get paid the Monday of the week I work..those are my terms and have been for many years..you might try it. Best of luck!!
I agree with does this moniker make my butt look big. Two wrongs don't make a right. Don't file taxes on them now, you agreed to be paid under the table(if that's the situation).
I agree with most of the previous posters. If this was me, I would first have a lawyer I know write an official letter on his letterhead, demanding the payment immediately. That alone should scare your employers into paying you, because they KNOW they're in the wrong here. So they know they'll lose in court. IF that doesn't work, just go and file a small claims case. You WILL win! I took my employers to small claims when they didn't give me my 2 weeks notice, which was in the contract. In and out in 15 minutes, I won. Something like a 2 weeks notice would require a contract to prove. However, you would be suing for wages that you earned. You don't need a contract to prove that. It would be VERY easy to prove you worked those 2 weeks!
Good luck hon!!!
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