Do We Have To Pay Her?

[Anonymous]

We hired a nanny two weeks and fired her this week after she had missed four days for two incidents ( family emergency and sick). We had worked 3 days for us and she didn’t get paid for one of those days. She is asking for the money but I don’t feel we should pay. I don’t feel like we owe her any money. We had canceled her first day because my job pushed back my start date but we paid her it as a “ bonus” day even though she we didn’t have guaranteed hours. We paid her more for bonus day than what we owe her. My husband thinks we should just pay her because she keeps emailing us asking for the money. Should we pay her or not pay her?

[Anonymous]

Pay her and move on with life.

[Anonymous]

Yes. You gave her that pay because you canceled. She worked those hours and is entitled to the pay. You would have paid her for those hours had she still been working with you. You need to pay her or she can sue you.

[Anonymous]

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.

[Anonymous]

Anonymous wrote:Yes. You gave her that pay because you canceled. She worked those hours and is entitled to the pay. You would have paid her for those hours had she still been working with you. You need to pay her or she can sue you.

This.

Op, I don’t think you are suited to be an employer of a nanny. There are laws you must follow and it doesn’t seem like you know them or have to problem breaking them.

[Anonymous]

Definitely pay for the day worked.Any bonus payments should not factor in to paying for time worked.

[Anonymous]

Anonymous wrote:Definitely pay for the day worked.Any bonus payments should not factor in to paying for time worked.

This.

[Anonymous]

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.

[Anonymous]

Yes, of course you have to pay her. The fact that you chose to pay her for an extra day when you moved her start date doesn’t count against the days she worked for you, for which you owe her.

[Anonymous]

Yes of course. Did you want her showing up sick? She’s disposable to you, isn’t she? That’s why you can’t stand the thought of paying her.

[Anonymous]

Yes.

[Anonymous]

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

[Anonymous]

LOL. The IRS doesn’t care if you pay her in cash, by check, by Venmo or Zelle, they still expect taxes to be paid if any are owed. Also, paying cash does not negate you paying her for work she performed.

If you keep this attitude going forward you are going to end up in a lot of legal trouble.

[Anonymous]

She worked, you pay. The fact you’re paying her under the table doesn’t change that.

[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.

Do you mean - you are breaking the law and not withholding FICA / SS?
Or something else?