Do We Have To Pay Her?

[Anonymous]

Of course you have to pay her. It's a legal principle called "quantum meruit." Someone works hours for you, you pay for those hours. You don't get to profit from someone else's labor and not pay.

[Anonymous]

Yes, pay her. From a legal perspective, you owe her the money for services rendered. The money for her shifted start date is not relevant to what you owe her for the days she worked. Pay her the money or she can sue you in small claims.

Separately, why are you fighting this? I get being frustrated this nanny didn’t work out, but sounds like there were some unforeseen difficulties on both sides. It happens a lot and is one of the challenges of hiring a nanny. Why are you taking it out on her?

Also keep in mind that nannies all know each other and they talk about their employers, especially around the issue of money. Your rep may have already taken a hit because of this. Proceed as though you’re going to need a reference from her in the future.

[Anonymous]

Yes you pay her for time worked, you petty b.

[Anonymous]

Anonymous wrote:

Anonymous wrote:You have to pay her for the hours she worked--it is your legal and moral obligation. Whether you paid her for a "bonus" day is irrelevant. You should do it because it's the right thing to do. But, you should also know that there are significant penalties for you as an employer if you don't pay. If she complains to the Department of Labor, you are screwed.

Also, as I sense this may need to be said, pay any taxes and worker's comp you owe.

OP here. It’s a cash position.

Cash, check whatever. She has to pay taxes, you have to pay for workers comp and taxes. That is the way things work. If you don't and she doesn't, you are violating the law.

[Anonymous]

Anonymous wrote:How much are you “paying” her? Fifteen an hour?

OP? You should be ashamed of yourself. I feel sorry for your children.

[Anonymous]

Anonymous wrote:

Anonymous wrote:You have to pay her for the hours she worked--it is your legal and moral obligation. Whether you paid her for a "bonus" day is irrelevant. You should do it because it's the right thing to do. But, you should also know that there are significant penalties for you as an employer if you don't pay. If she complains to the Department of Labor, you are screwed.

Also, as I sense this may need to be said, pay any taxes and worker's comp you owe.

OP here. It’s a cash position.

This is an irs violation. If either of you hold federal jobs you could be fired for it. Nanny could also report you to irs.

[Anonymous]

Op please don’t hire a nanny again. What you are doing is illegal and you sound like a really poor employer. It’s ok for you to cancel when your schedule changes (and then act like you are doing some large favor by paying her for that day when in fact that is just standard practice..) and then now you’ve fired her due to illness and an emergency (which fair, you have the right to do) but are also refusing to pay her for time worked. You are in the wrong here, no one else.

[Anonymous]

You had better pay up or nanny needs to report you to the authorities. Good luck, you nasty criminal.

[Anonymous]

Anonymous wrote:Pay her and move on with life.

This. It was a bad fit or she is a bad employee, why would you deal with her any longer? This is something you can through money at and be done.

[Anonymous]

So are you saying you shouldn't pay her for the days she worked because you gave her a "bonus" for the day you canceled (when she was expecting to start)?

If that is what you are saying, the others are right. You aren't suited to this. Regardless of you paying her for that first day (which you should have), you owe her the money for the days she worked.

[Anonymous]

Just think of the poor children who are cursed with such selfish parents. Sad, sad, sad.

[Anonymous]

How old are you OP and what's your education level and work experience if any?

[Anonymous]

It’s illegal not to and the (treble) damages are higher than what you owe.

We fought a whole civil war to make sure people are paid for their work...

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:You have to pay her for the hours she worked--it is your legal and moral obligation. Whether you paid her for a "bonus" day is irrelevant. You should do it because it's the right thing to do. But, you should also know that there are significant penalties for you as an employer if you don't pay. If she complains to the Department of Labor, you are screwed.

Also, as I sense this may need to be said, pay any taxes and worker's comp you owe.

OP here. It’s a cash position.

This is an irs violation. If either of you hold federal jobs you could be fired for it. Nanny could also report you to irs.

Former nanny employer here - if the total paid is less than 1K then I believe she's off the hook for taxes, right? It's only after that low threshold that requirements kick in. We did our own nanny taxes for years, but it's been a while since I looked at the documentation (thank goodness!).

[Anonymous]

Do you usually work for no pay, OP?