Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:We sued our former nanny in small claims court. She was completely wrong. We won. It was terrible, and I wish we hadn't had to do it.

Wrong about what? Quitting?

Yes because only MBs/DBs do anything wrong and you could definitely win a law suit because a nanny quit.

Most MBs/DBs skirt the law at some time over the course of employment, and smart nannies keep records of EVERYTHING. My employers could have tried to sue me for quitting, but I gave the notice required in the contract, helped find a replacement, and could easily have met the burden of proof for "quitting for cause". Ie. changes to my duties, failure to pay on time, persistent tardiness, etc.

That's a nasty generalization. "Most" MBs/DBs do not skirt the law. If that's been your experience then maybe you need to take a closer look at your resume and see why those are the jobs you are getting.

I'm not talking about your little circle of friends and neighbors. New flash, you all are not the only people with nannies. The fact remains MOST nannies: are paid of the books, do not receive OT, and are not paid for all the hours they work. MANY: are illegal, are taxed as independant contractors while their emoployers pay no tax on their wages, and are subjected to illegal employment practices. TOO MANY: live in illegal basement "apartments", threatened and blackmailed for asserting their rights, some are even emotionally and physically abused. Yes, MOST meaning the vast majority, skirt the law in some manner, and quite a lot flat out break and ignore it.

Anonymous wrote:

Anonymous wrote:

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Anonymous wrote:

Anonymous wrote:

Anonymous wrote:We sued our former nanny in small claims court. She was completely wrong. We won. It was terrible, and I wish we hadn't had to do it.

Wrong about what? Quitting?

Yes because only MBs/DBs do anything wrong and you could definitely win a law suit because a nanny quit.

Most MBs/DBs skirt the law at some time over the course of employment, and smart nannies keep records of EVERYTHING. My employers could have tried to sue me for quitting, but I gave the notice required in the contract, helped find a replacement, and could easily have met the burden of proof for "quitting for cause". Ie. changes to my duties, failure to pay on time, persistent tardiness, etc.

That's a nasty generalization. "Most" MBs/DBs do not skirt the law. If that's been your experience then maybe you need to take a closer look at your resume and see why those are the jobs you are getting.

You are completely clueless. Everyone knows that most domestic workers are still being compensated off the books.

Most people I know pay on the books so maybe you just know the wrong people.

You've seen their paycheck stubs and tax forms? I doubt it. Of course your friends tell you they're on the books. They're not as naive as you seem to be.

We've discussed the payroll companies we use as well as details that only someone who actually paid on the books would know. Either that or they did A LOT of research so they could lie really well on the off chance it happens to come up and they are trying to prove they really do pay on the books. I don't know who your friends are but mine are honest people who wouldn't go to such extreme lengths to lie. You can call me naive if you want to, I don't really care since you don't know me. I'm not stupid and I know when people lie to me but I think it's more pleasant to go through life without as much cynicism as you obviously have.

Anonymous wrote:

Anonymous wrote:OP, here, just wanted to answer some questions. Yes, I am thinking about small claims. In six months, Family #1 has frequently been late with my paychecks, been late picking up without offering overtime, and suddenly announced they are leaving the share and don't intend to pay my unused leave time. I'm not worried about an ongoing relationship with them, except obviously I'd take them off my reference list. Family #2 likes me and wants to keep me. They are also pretty upset with Family #1.

I'm interested in hearing about other experiences though, and what it is like to be in court, even if it doesn't match my exact situation.

What state are you in OP? In MD, you are legally entitled to payment for unused leave, but not in DC or VA. As for the other issues, unless you have proof of the unpaid OT, they are good reasons to quit but not going to get you anything in court. You might just need to let this go and put your energy into finding a great family to replace them with.

But is it unused leave if she is still in the nanny share (just with 1 family now) therefore can still use that leave?

Anonymous wrote:OP, here, just wanted to answer some questions. Yes, I am thinking about small claims. In six months, Family #1 has frequently been late with my paychecks, been late picking up without offering overtime, and suddenly announced they are leaving the share and don't intend to pay my unused leave time. I'm not worried about an ongoing relationship with them, except obviously I'd take them off my reference list. Family #2 likes me and wants to keep me. They are also pretty upset with Family #1.

I'm interested in hearing about other experiences though, and what it is like to be in court, even if it doesn't match my exact situation.

What state are you in OP? In MD, you are legally entitled to payment for unused leave, but not in DC or VA. As for the other issues, unless you have proof of the unpaid OT, they are good reasons to quit but not going to get you anything in court. You might just need to let this go and put your energy into finding a great family to replace them with.

Anonymous wrote:OP, here, just wanted to answer some questions. Yes, I am thinking about small claims. In six months, Family #1 has frequently been late with my paychecks, been late picking up without offering overtime, and suddenly announced they are leaving the share and don't intend to pay my unused leave time. I'm not worried about an ongoing relationship with them, except obviously I'd take them off my reference list. Family #2 likes me and wants to keep me. They are also pretty upset with Family #1.

I'm interested in hearing about other experiences though, and what it is like to be in court, even if it doesn't match my exact situation.

Do you have a separate leave time agreement with them? I've never heard of that, which is why I ask. Otherwise wouldn't you still have the leave time because you are still in the share with the other family? As for late checks, unless your contract has something in there about late checks, I'm not sure why you'd sue them. Seems like a big hassle for no reason. OT, I agree with PP who said to exhaust all other efforts with this before suing. How much OT are we talking here? I wouldn't run right to suing, it seems like it will create a bigger headache than needed. Exhaust other efforts first.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:We sued our former nanny in small claims court. She was completely wrong. We won. It was terrible, and I wish we hadn't had to do it.

Wrong about what? Quitting?

Yes because only MBs/DBs do anything wrong and you could definitely win a law suit because a nanny quit.

Most MBs/DBs skirt the law at some time over the course of employment, and smart nannies keep records of EVERYTHING. My employers could have tried to sue me for quitting, but I gave the notice required in the contract, helped find a replacement, and could easily have met the burden of proof for "quitting for cause". Ie. changes to my duties, failure to pay on time, persistent tardiness, etc.

That's a nasty generalization. "Most" MBs/DBs do not skirt the law. If that's been your experience then maybe you need to take a closer look at your resume and see why those are the jobs you are getting.

You are completely clueless. Everyone knows that most domestic workers are still being compensated off the books.

Most people I know pay on the books so maybe you just know the wrong people.

You've seen their paycheck stubs and tax forms? I doubt it. Of course your friends tell you they're on the books. They're not as naive as you seem to be.

Anonymous wrote:OP, here, just wanted to answer some questions. Yes, I am thinking about small claims. In six months, Family #1 has frequently been late with my paychecks, been late picking up without offering overtime, and suddenly announced they are leaving the share and don't intend to pay my unused leave time. I'm not worried about an ongoing relationship with them, except obviously I'd take them off my reference list. Family #2 likes me and wants to keep me. They are also pretty upset with Family #1.

I'm interested in hearing about other experiences though, and what it is like to be in court, even if it doesn't match my exact situation.

Does your contract specifically cover late check fees and leave payout? If so, get all of the documentation you can as well as documentation ( and maybe signed affidavits from family #2) about the unpaid OT. Before you go to small claims, which can be a lengthy process, try contacting your state's DLLR, they may have options for recourse that are much simpler and they will mediate for you. Exhaust every possibility with them before you move forward.

OP, here, just wanted to answer some questions. Yes, I am thinking about small claims. In six months, Family #1 has frequently been late with my paychecks, been late picking up without offering overtime, and suddenly announced they are leaving the share and don't intend to pay my unused leave time. I'm not worried about an ongoing relationship with them, except obviously I'd take them off my reference list. Family #2 likes me and wants to keep me. They are also pretty upset with Family #1.

I'm interested in hearing about other experiences though, and what it is like to be in court, even if it doesn't match my exact situation.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:We sued our former nanny in small claims court. She was completely wrong. We won. It was terrible, and I wish we hadn't had to do it.

Wrong about what? Quitting?

Yes because only MBs/DBs do anything wrong and you could definitely win a law suit because a nanny quit.

Most MBs/DBs skirt the law at some time over the course of employment, and smart nannies keep records of EVERYTHING. My employers could have tried to sue me for quitting, but I gave the notice required in the contract, helped find a replacement, and could easily have met the burden of proof for "quitting for cause". Ie. changes to my duties, failure to pay on time, persistent tardiness, etc.

That's a nasty generalization. "Most" MBs/DBs do not skirt the law. If that's been your experience then maybe you need to take a closer look at your resume and see why those are the jobs you are getting.

You are completely clueless. Everyone knows that most domestic workers are still being compensated off the books.

Most people I know pay on the books so maybe you just know the wrong people.

I think it is very regional. In DC, there is an expectation that you will pay your nanny on the books. Multiple friends in New York treat me like I'm crazy and eccentric for doing it--they don't know anyone else who does.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:We sued our former nanny in small claims court. She was completely wrong. We won. It was terrible, and I wish we hadn't had to do it.

Wrong about what? Quitting?

Yes because only MBs/DBs do anything wrong and you could definitely win a law suit because a nanny quit.

Most MBs/DBs skirt the law at some time over the course of employment, and smart nannies keep records of EVERYTHING. My employers could have tried to sue me for quitting, but I gave the notice required in the contract, helped find a replacement, and could easily have met the burden of proof for "quitting for cause". Ie. changes to my duties, failure to pay on time, persistent tardiness, etc.

That's a nasty generalization. "Most" MBs/DBs do not skirt the law. If that's been your experience then maybe you need to take a closer look at your resume and see why those are the jobs you are getting.

You are completely clueless. Everyone knows that most domestic workers are still being compensated off the books.

Most people I know pay on the books so maybe you just know the wrong people.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:We sued our former nanny in small claims court. She was completely wrong. We won. It was terrible, and I wish we hadn't had to do it.

Details. Why did you sue?

She stole cash from us one day, we confronted her, she claimed she thought it was her pay just in cash rather than in check (with deductions) like usual, even though the cash was in an envelope with someone else's name on it and it was more than triple her weekly pay, and then she refused to give it back before stopping all contact with us. So we sued her.

The woman you hired was not only a criminal, but also incredibly stupid. How did you find her? And what was her professional background?

Anonymous wrote:

Anonymous wrote:We sued our former nanny in small claims court. She was completely wrong. We won. It was terrible, and I wish we hadn't had to do it.

Details. Why did you sue?

She stole cash from us one day, we confronted her, she claimed she thought it was her pay just in cash rather than in check (with deductions) like usual, even though the cash was in an envelope with someone else's name on it and it was more than triple her weekly pay, and then she refused to give it back before stopping all contact with us. So we sued her.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:We sued our former nanny in small claims court. She was completely wrong. We won. It was terrible, and I wish we hadn't had to do it.

Wrong about what? Quitting?

Yes because only MBs/DBs do anything wrong and you could definitely win a law suit because a nanny quit.

Most MBs/DBs skirt the law at some time over the course of employment, and smart nannies keep records of EVERYTHING. My employers could have tried to sue me for quitting, but I gave the notice required in the contract, helped find a replacement, and could easily have met the burden of proof for "quitting for cause". Ie. changes to my duties, failure to pay on time, persistent tardiness, etc.

That's a nasty generalization. "Most" MBs/DBs do not skirt the law. If that's been your experience then maybe you need to take a closer look at your resume and see why those are the jobs you are getting.

You are completely clueless. Everyone knows that most domestic workers are still being compensated off the books.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:We sued our former nanny in small claims court. She was completely wrong. We won. It was terrible, and I wish we hadn't had to do it.

Wrong about what? Quitting?

Yes because only MBs/DBs do anything wrong and you could definitely win a law suit because a nanny quit.

Most MBs/DBs skirt the law at some time over the course of employment, and smart nannies keep records of EVERYTHING. My employers could have tried to sue me for quitting, but I gave the notice required in the contract, helped find a replacement, and could easily have met the burden of proof for "quitting for cause". Ie. changes to my duties, failure to pay on time, persistent tardiness, etc.

That's a nasty generalization. "Most" MBs/DBs do not skirt the law. If that's been your experience then maybe you need to take a closer look at your resume and see why those are the jobs you are getting.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:We sued our former nanny in small claims court. She was completely wrong. We won. It was terrible, and I wish we hadn't had to do it.

Wrong about what? Quitting?

Yes because only MBs/DBs do anything wrong and you could definitely win a law suit because a nanny quit.

Most MBs/DBs skirt the law at some time over the course of employment, and smart nannies keep records of EVERYTHING. My employers could have tried to sue me for quitting, but I gave the notice required in the contract, helped find a replacement, and could easily have met the burden of proof for "quitting for cause". Ie. changes to my duties, failure to pay on time, persistent tardiness, etc.