Is this contract binding?

[Anonymous]

Is a nanny contract binding if it was not notarized or signed by a witness? What if the nanny is paid off the books and therefore not in a "legal" work environment? I want to leave my job of 8 months but I'm scared of any legal repercussions if my db and his partner decided to sue me for not finishing it out. It's a 24 month contract. It was not prepared by lawyers. Thankfully for the help.

[Anonymous]

If you signed a contract, yes it is legally binding. However, if you're being paid off the books, I doubt your employer is going to draw attention to himself by taking you to court.

[Anonymous]

A contract is not legally binding if items in the contract are, themselves, illegal. If your contract has any stipulations regarding being paid off the books, or if it has any clauses that discuss taxes etc. that were not paid, the contract is null.

[Anonymous]

Op here: the only section regarding taxes says that the nanny is responsible for them. But if nannies are technically household employees and not 1099 workers then is this contract still null?

[Anonymous]

From what I am aware, employment is at will. You cannot be legally bound to work for someone for a period of time. Some contract might stipulate what you can do if you quit, like if you work in high tech that you can't share secrets or work for a competitor, but they cannot force you to work.

[Anonymous]

OP you're fine and never accept a 1099.. You're a household employee. They're trying to get out of taxes/

Quit. Your fine.

[Anonymous]

Anonymous wrote:OP you're fine and never accept a 1099.. You're a household employee. They're trying to get out of taxes/

Quit. Your fine.

+1 they screwed you on the taxes. Get out ASAP. They aren't going to take you to court, it would cost them far more than its worth, and you always have the threat of reporting them for unpaid employer taxes.

[Anonymous]

Op here: Phew!!! It's so good to feel safe! I tried to give notice before and they scared me into staying with all of this legality talk about me not being allowed to quit! They've been awful people to work for. I've been a nanny for 8 years and never had to deal with people like this thank you for the help!

[Anonymous]

You've been taken advantage of, OP. You can report them and they'll likely have to pay you back wages.

[Anonymous]

Courious what kinds of jobs these people have....

[Anonymous]

When you go to give your notice, be prepared to send them to this site when they start to threaten you: http://www.irs.gov/publications/p926/ar02.html#en_US_2013_publink100086722

Its the IRS publication concerning household employees. It very clearly defines nannies as employees, not independent contractors. Tell them that they broke the law by having you file a 1099. You don't need to say anything else, they will get the point. In the future, don't agree to be paid off the books, or file a 1099. You're paying your taxes and theirs, and they probably used your social for the dependent care deduction.

[Anonymous]

Anonymous wrote:From what I am aware, employment is at will. You cannot be legally bound to work for someone for a period of time. Some contract might stipulate what you can do if you quit, like if you work in high tech that you can't share secrets or work for a competitor, but they cannot force you to work.

That's not what "at will" means. Of course no one can be forced to work. The question is whether it is a breach of contract to quit without given the amount of notice called for in the contract. If it is breach, then the employer could sue but I would be shocked if they did.

In Virginia, employment is generally "at will" but that is standard if the contract doesn't change it. The contract can change what the employee and the employer owe each other.

[Anonymous]

Anonymous wrote:You've been taken advantage of, OP. You can report them and they'll likely have to pay you back wages.

+1

They'll have to pay you back wages, their employer tax, and won't have any ground to enforce or pursue ANY part of the contract that stipulates how long you have to work for them. The terms of the contract were illegal so OP, you're fine. Don't back down just get OUT of there.

[Anonymous]

Like the "Great" Judge Judy always says in her courtroom...when you come into court, make sure your hands are clean as well or the court will not help you out.

Case in point here.

I would bank that your employers would not take the risk the IRS will find out they were paying you under the table. They might get angry, but that is all. Trust me on this.

Even if they were paying you on the books, most families do not want the hassle of driving to the local small claims court, filing a claim, paying the fee, going to court and arguing a case, etc.

They choose to avoid the hassle and instead hire another nanny.
Plus with economic times being so hard, there are many people out there seeking jobs now.

[Anonymous]

Anonymous wrote:Like the "Great" Judge Judy always says in her courtroom...when you come into court, make sure your hands are clean as well or the court will not help you out.

Case in point here.

I would bank that your employers would not take the risk the IRS will find out they were paying you under the table. They might get angry, but that is all. Trust me on this.

Even if they were paying you on the books, most families do not want the hassle of driving to the local small claims court, filing a claim, paying the fee, going to court and arguing a case, etc.

They choose to avoid the hassle and instead hire another nanny.
Plus with economic times being so hard, there are many people out there seeking jobs now.

Wrong thread.