Reply to What is my payment obligation to nanny who lied, did not perform duties, and walked out? (LONG)

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]As shitty as the situation is/was for you, you don't get to arbitrarily withhold payment because you weren't satisfied. Your recourse would have been to terminate her, and she has already taken care of that. Pay her for the time she worked and be grateful you dodged a potentially much larger bullet. If you do not pay, prepare to find yourself under scrutiny by the labor board at the very least, and very likely paying her wages plus penalties in the end. [/quote]

I paid her the full rate for the first two days. Have not yet paid her for the final two days. I do intend to pay her something, but I am thinking about whether it will be the full wage for all hours she "worked".[/quote]

You still need to pay her the full wage. You don't really get to decide after the fact that she wasn't " worth" what you had agreed upon. If you were dissatisfied with her performance, you should have asked her not to come back. Withholding pay is illegal. [/quote]

+1 You have to pay her for the hours she worked at the rate you agreed to, no ifs ands or buts. You don't get to pay less than your bill at a restaraunt because you weren't happy with the service or your meal choice, and it works the same way here. If you didn't want her to keep working, you should have told her not to come back, but because she came to work, you're on the hook for those hours. Sorry. [/quote]

To make the analogy more accurate: if you were at a restaurant, ordered and entree, salad, and desert, but only got the entree, should you be charged for all three?  What if the waiter actually decided to eat a bit of the entree because he was hungry at the time, but you wouldn't have been able to tell by looking?  Still okay?[/quote]

That's not what happened here. You ordered a meal that came with an entree, a salad, and a dessert, you didn't like what you ordered, but you ate it instead of sending it back. Now you don't want to pay for the food you ate. So no, not okay. [/quote]

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