should we make nanny pay for aftercare?

[Anonymous]

Our live-in nanny told us she had a driver's license. She also has a work permit which we made copies of while waiting for her greencard paperwork to finalize.

What she didn't tell us was that her driver's license was temporary and attached to 30 days after the expiration date of her work visa.

She made a mistake processing her work visa paperwork and the result is that her license expires Friday and her work permit ID has not arrived yet.

The DMV will not accept an expired work permit as an ID and the only other form of identification she has is a passport.

This really destroys our whole schedule because she has picked up our daughter from school and taken her to after school appointments and classes.

Now we have no one to do that and will have to put our daughter in aftercare until we can pick her up racing to get there from work. This will cost us additional money and there is no end in site because she said she doesn't know when her work ID will arrive (she says she processed it 10/1 and it is supposed to take 42 days but who know what's what at this point?!).

She said we should just take the cost of the aftercare from her paycheck (she is a live in) until she can drive again.

WWYD?

[Anonymous]

I'd look for a new nanny. She doesn't seem very reliable.

[Anonymous]

You don't charge your nanny for aftercare. You made the decision to hire someone whose green card status was up in the air. You pay. If she can't perform the duties she was hired to perform, find someone else.
I think it's actually illegal to garnish her wages.

[Anonymous]

Anonymous wrote:You don't charge your nanny for aftercare. You made the decision to hire someone whose green card status was up in the air. You pay. If she can't perform the duties she was hired to perform, find someone else.
I think it's actually illegal to garnish her wages.

Her greencard status isn't "up in the air" she has the temporary but DMV doesn't accept temp greencard so she had to get a work visa until the permanent greencard arrives.

She lives with us. What I am suppose to do? Tell her to get out? That doesn't seem right.

Or pay another $200/week for aftercare and have my daughter miss all the activities we've paid for (including her social skills classes for ADHD)?

I am overwhelmed and looking for help. Not criticism.

[Anonymous]

Anonymous wrote:

Anonymous wrote:You don't charge your nanny for aftercare. You made the decision to hire someone whose green card status was up in the air. You pay. If she can't perform the duties she was hired to perform, find someone else.
I think it's actually illegal to garnish her wages.

Her greencard status isn't "up in the air" she has the temporary but DMV doesn't accept temp greencard so she had to get a work visa until the permanent greencard arrives.

She lives with us. What I am suppose to do? Tell her to get out? That doesn't seem right.

Or pay another $200/week for aftercare and have my daughter miss all the activities we've paid for (including her social skills classes for ADHD)?

I am overwhelmed and looking for help. Not criticism.

It's not criticism. It's the truth. She doesn't have a permanent green card and YOU hired her. Shell out the $200, give her a month's notice to be out and hire someone who can legally work in the United States.

[Anonymous]

^^ This doesn't make any sense. Whether it's the temporary greencard or a valid V-1 the nanny she hired is LEGAL to work in the United States.

Are you/she paying all taxes? If so, there's nothing wrong here.

[Anonymous]

Anonymous wrote:^^ This doesn't make any sense. Whether it's the temporary greencard or a valid V-1 the nanny she hired is LEGAL to work in the United States.

Are you/she paying all taxes? If so, there's nothing wrong here.

PP here. My mistake. She won't be able to legally drive in the US. This was OP's responsibility to confirm.
You can't garnish your employee's wages.

[Anonymous]

Anonymous wrote:

Anonymous wrote:^^ This doesn't make any sense. Whether it's the temporary greencard or a valid V-1 the nanny she hired is LEGAL to work in the United States.

Are you/she paying all taxes? If so, there's nothing wrong here.

PP here. My mistake. She won't be able to legally drive in the US. This was OP's responsibility to confirm.
You can't garnish your employee's wages.

Wrong again. You can obtain a valid driver's license with a V-1. So it sounds like at the time of hire, she was able to provide up to date documentation that showed she was both eligible to work and drive in the US while waiting for her permit greencard.

And that the nanny has let the documentation lapse and THAT (and not the OP's poor hiring choices) caused the problem.

This is very tough place she has put you in OP. Can you perhaps call immigration with her tomorrow and see if you can sort out the actual timeline of her permanent V-1?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:^^ This doesn't make any sense. Whether it's the temporary greencard or a valid V-1 the nanny she hired is LEGAL to work in the United States.

Are you/she paying all taxes? If so, there's nothing wrong here.

PP here. My mistake. She won't be able to legally drive in the US. This was OP's responsibility to confirm.
You can't garnish your employee's wages.

Wrong again. You can obtain a valid driver's license with a V-1. So it sounds like at the time of hire, she was able to provide up to date documentation that showed she was both eligible to work and drive in the US while waiting for her permit greencard.

And that the nanny has let the documentation lapse and THAT (and not the OP's poor hiring choices) caused the problem.

This is very tough place she has put you in OP. Can you perhaps call immigration with her tomorrow and see if you can sort out the actual timeline of her permanent V-1?

Exactly. OP knew that her driver's license was temporary.

[Anonymous]

OP here....

We did NOT know her license was a temporary license.

And we do pay all taxes associated with her employment.

And yes, this all could have been avoided if she filed the paperwork correctly.

The driver's license is year to year and dependent on renewal date if you're here working on a V-1.

I am not sure what I could have done to avoid this situation. We couldn't file the paperwork for her....

But that is not the point.

My point is -- what can I DO now?

We don't want her to leave but I need to figure out a concrete timeline for this situation and some practical advice on how to fix it.

[Anonymous]

You can't garnish your employee's wages without a court judgement. Pay for friggin' aftercare until she gets it sorted out. What the hell do you want us to say?

[Anonymous]

I would think you could either offer to reduce her pay (she isn't doing the job she was hired to do) or tell her you will let her go. She picks. That isn't garnishing her wages, it is reducing it since she can't perform the job.

[Anonymous]

You fire her as she is no longer able to fulfill the agreement and use aftercare or hire a new nanny.

[Anonymous]

You don't pay her wage during the time she cannot Work. Does she have guaranteed hours? If so, you can offer to renegotiate the contract or give her notice.

[Anonymous]

Anonymous wrote:You can't garnish your employee's wages without a court judgement. Pay for friggin' aftercare until she gets it sorted out. What the hell do you want us to say?

You need to calm down.