9:50, thanks for sharing that |
+1 |
I live in MA and they passing a bill allowing prison time for hiring illegals, normally they just fine you. But lets say your nanny went psycho and killed someone, you could be charged with harboring an illegal. I think the more concerning issue is you don't have a background on this person neither criminal nor medical. |
How do you do a medical background check? |
I would like to give my two cents on this issue. I run a nanny recruitment service and I have a client going through this exact problem right now. I found this candidate, and was led to believe she was legal to work as per previous employer had her legally working and taking out taxes. However, I assume her visa expired. There was communication issues as well but she had a Driver's License and a Federal Tax ID number. Also, you can run a Federal and County Criminal background check with a full name and an address, and without a SSN. I do not recommend to my clients that they hire illegal nannies, because, from a professional standpoint it is, well...illegal. Also, you cannot have them act as independent contractors because you are providing the "supplies" and you are dictating her schedule, what she does, and how she does it. The IRS qualifies that type of a worker as an Employee.
I will mention that I do know of many families who fell in love with a care provider and only then found out they were not legal and now pay them under the table. It would be difficult to get caught as long as you do not file for the childcare tax benefit and the nanny does not file for Social Security or any other services. Also, as previously mentioned, unless you are a legal figure or plan on running for President or other public office, the chances are slim of being caught. However, it is still illegal and if you knowingly know they are legal, there is no way to wiggle out of charges and claim ignorance. I understand how difficult it is to find the perfect care provider, as I deal with it every day for different families. If you are able to be patient, the right care provider will come along and if you require her to be legal, she will come along as well. The most important thing is that you trust her and you have a great gut feeling about her care giving skills. Also, this forum was not created for mean words or extremely judgmental and hurtful comments. People are asking for constructive advice from others who have similar concerns and experiences. Please pay mind to that. |
It is somewhat disingenuous, it say the least, that we hire illegals because we want the "perfect caregiver". It's all about the slave trade labor, otherwise known as "cheap" domestics.
Let's come clean here. |
Folks - thanks a lot for the responses so far. I was the original poster and have been reading your comments. Our situation was that we found this person, really liked her work and then found out that she was illegal. We do understand the concerns around safety but most likely we are in an environment where somebody is at home watching over the baby. We're curious to find out more about legal implications for us if somebody finds out. I'll do some research and post something if I find to be more constructive on the message board. Thanks |
Wow, you mean you want to know what your chances are of getting caught?
The nanny can turn you in on a dime, if you look at her the wrong way. |
What's the new law in MA that can put you in jail for hiring an illegal nanny? |
Omg! Imagine how many MA parents have to quit their jobs because they're suddenly afraid of getting caught dealing in the slave labor trade, and doing jail time. |
Zero. |
Ok, some people are above the law. |
I almost had the same problem. I interviewed someone who we loved. She was great. I was very upfront about needing a legal nanny and she assured me that she was legal. At the end of the interview, I found out that she was on a student VISA which means legal to be in the US but not legal to work. If it were not for our jobs, we would have hired her. |
You people are just pathetic.
This went to the racial, hateful, mean side. Just don't be so hateful with the illegals. |
I don't have time to search the details but here is a link that gives a broad overview of the bill that is going to be passed. It covers more than just employer penalties. feel free to research more, if your really that interested.
https://www.numbersusa.com/content/news/september-27-2011/bi-partisan-immigration-enforcement-bill-offered-massachusetts.html This is just a general list of what happened to other employers in various industries who hired illegals. gain research more information if you have time. http://www.fairus.org/issue/when-breaking-the-law-by-hiring-illegal-aliens-doesnt-pay |