Guaranteed Hours???

[Anonymous]

Nanny here - I took a position about a year ago that guaranteed 45 hours/week. My NF is leaving for a 10- day disney trip (Tues-Thurs) and mentioned giving me my check for Monday (before they leave) and the following Friday (when they return) on that Friday. If they're taking vacation, shouldn't I still get my usual paycheck? They did guarantee the hours in my contract. We also just had a scuffle about taxes (they gave me a 1099 when we agreed on a W-2, which I am legally entitled to anyway) and I get no paid vacation time and no PTO. Obviously stupid of me to accept this position but my last NF left me in a bad place and I had bills to pay etc etc... sorry for my rant I'm primarily upset about the guaranteed hours, the rest is my fault. What should I do?

[Anonymous]

I imagine they’re hoping that you’ll quit so they don’t have to pay unemployment on you. Get a new job while they’re gone.

[Anonymous]

OP here - I'm starting to feel the same way, although I don't know what I've done. My charge is always happy when they come home, I'm never late, we do lots of activities and go to playgrounds/to museums/youth centers. In my entire year I've let her have screen time ONCE at their request because she was extremely ill. I love her like she's my own and would hate to leave her but at the end of the day this is my job and they've left me high and dry a lot lately. They're also expecting a baby in a few months and I don't anticipate I'll be receiving a raise of any kind. I should just start looking now.

[Anonymous]

Yes, start looking immediately. They may be jealous that you care so much about the well-being and success of their child. Sounds screwed up, but this is a common issue. Believe me.

You’ll soon have a better job. Good luck!

[Anonymous]

Anonymous wrote:I imagine they’re hoping that you’ll quit so they don’t have to pay unemployment on you. Get a new job while they’re gone.

This, but to answer your question, they should be paying you for 45 hours for the week they are gone plus the prorated amount for the other days.

[Anonymous]

It appears they are not keeping up w/your contract terms.

If they agreed to guaranteed hours - then they need to stand by what they initially agreed upon or I would consider the contract null + void.
Bring this up to them & if they fall back on their word, then let them spend their vacation searching for a Nanny who is a sucker because they seem like hustlers to me.
Not an ounce of integrity.

Plus you deserve a W-2, a 1099 is illegal yet saves them a lot of money.

They do not deserve you.

Good luck.

[Anonymous]

Anonymous wrote:Nanny here - I took a position about a year ago that guaranteed 45 hours/week. My NF is leaving for a 10- day disney trip (Tues-Thurs) and mentioned giving me my check for Monday (before they leave) and the following Friday (when they return) on that Friday. If they're taking vacation, shouldn't I still get my usual paycheck? They did guarantee the hours in my contract. We also just had a scuffle about taxes (they gave me a 1099 when we agreed on a W-2, which I am legally entitled to anyway) and I get no paid vacation time and no PTO. Obviously stupid of me to accept this position but my last NF left me in a bad place and I had bills to pay etc etc... sorry for my rant I'm primarily upset about the guaranteed hours, the rest is my fault. What should I do?

Did they deduct fica from your weekly paychecks? If so, explain that you'll have to pay it again, if they give you the 1099. Even if they didn't, you can file Form SS-8, and you'll be recorded as an employee, meaning that they will have to deal with the issues due to giving you a 1099. However, because they're likely to owe fees, you should definitely find another position first!

[Anonymous]

Did they deduct fica from your weekly paychecks? If so, explain that you'll have to pay it again, if they give you the 1099. Even if they didn't, you can file Form SS-8, and you'll be recorded as an employee, meaning that they will have to deal with the issues due to giving you a 1099. However, because they're likely to owe fees, you should definitely find another position first!

OP here - they didn't deduct anything. I know I should've been suspicious of that but I've never worked on the books before so I really didn't know what it should've looked like.

[Anonymous]

Anonymous wrote:
Did they deduct fica from your weekly paychecks? If so, explain that you'll have to pay it again, if they give you the 1099. Even if they didn't, you can file Form SS-8, and you'll be recorded as an employee, meaning that they will have to deal with the issues due to giving you a 1099. However, because they're likely to owe fees, you should definitely find another position first!

OP here - they didn't deduct anything. I know I should've been suspicious of that but I've never worked on the books before so I really didn't know what it should've looked like.

Do you have a contract, checkstubs or anything else to prove that they have been paying you on a regular basis? Regular deposits of cash won't cut it. You need to be able to prove on SS-8 that you worked for them as an employee, and then you won't get hit with the penalties, they will. Find another job asap, * is about to hit the fan. Depending on how much you grossed, they may have to come up with several thousand dollars.