Anonymous
Post 01/28/2015 19:19     Subject: Re:Parents not honoring contract for guarantee hours. Did not got paid when parents took vacation
OP, I hope you keep us updated. It makes me so mad to see nannies taken advantage of by their bosses. I will keep an eye on this thread and post research/resources if you have questions/challenges moving forward.
Anonymous
Post 01/28/2015 12:35     Subject: Parents not honoring contract for guarantee hours. Did not got paid when parents took vacation
Just because your boss takes a vacation. * typo
Anonymous
Post 01/28/2015 12:34     Subject: Parents not honoring contract for guarantee hours. Did not got paid when parents took vacation
Anonymous wrote:
Anonymous wrote:I too demand to start a new job, get paid Xmas week off, work a week, then get a paid vacation week, and then quit.


+1000000

Amazing how none of these people noticed this.


I'm amazed that anyone doesn't understand guaranteed hours, and if you don't, why are you here on a nanny board? If they hired her with a work agreement that states guaranteed hours and go on vacation, they are bound by law to pay. It's very simple and not a nanny whining.

The reason for guaranteed hours is to protect service workers that work in other people's homes. There is such a potential for all sorts of labor abuses, and very little recourse. In a regular office job, you have protection against losing pay just because your boss to take vacation.

Think about it.
Anonymous
Post 01/28/2015 12:28     Subject: Parents not honoring contract for guarantee hours. Did not got paid when parents took vacation
I think the language in the contract is important. If the OP had a notice clause she didn't honor, then there may be an issue in her collecting her money. If both parties broke the contract, she may not win in court.

Still, she loses nothing by filing with small claims and she should absolutely pursue her money.
Anonymous
Post 01/28/2015 12:18     Subject: Parents not honoring contract for guarantee hours. Did not got paid when parents took vacation
Anonymous wrote:I too demand to start a new job, get paid Xmas week off, work a week, then get a paid vacation week, and then quit.


+1000000

Amazing how none of these people noticed this.
Anonymous
Post 01/28/2015 11:52     Subject: Parents not honoring contract for guarantee hours. Did not got paid when parents took vacation
wow! the reading comprehension on this board is crazy. She did NOT take vacation, the employer did. I am guessing she started looking for a job when her employer said they wouldn't pay her while THEY were on vacation.

As a MB, guaranteed hours means I pay whether we use our nanny or not. So, she is due the money.
Anonymous
Post 01/28/2015 10:35     Subject: Parents not honoring contract for guarantee hours. Did not got paid when parents took vacation
I suppose some people just do not understand. The family took time of she (the nanny) had no say in the matter. As a result she has to be paid the hours that was guaranteed in her contract. Very simple. How does the nanny vacation effects the matter.
Anonymous
Post 01/28/2015 09:46     Subject: Parents not honoring contract for guarantee hours. Did not got paid when parents took vacation
Anonymous wrote:A timeline would be helpful also. Is there a notice provision in your contract? Did you provide notice? How long after they got back did you quit? The timeline you are giving seems very compressed. If you quit before their vacation, that could change things.


Good questions. Notice periods are usually 3-4 weeks heads up. And please look in to when your paid vacations vest, especially if you had not worked a full 6 months yet.

Did you take some jobs during vacation and end up signing up FT?
Anonymous
Post 01/28/2015 09:41     Subject: Parents not honoring contract for guarantee hours. Did not got paid when parents took vacation
Anonymous wrote:
Anonymous wrote:So odd. What kind of an hourly employee gets paid when they don't work? Oh, right - none.



All hourly employees with guaranteed hours and paid holidays/vacations routinely get paid for hours they do not work. When I cover holidays and vacations for my hourly employees at my company, they are being paid for when they do not work.


Have you never held a job before, PP?



I earn 1 vacation day for every 4 weeks I work. They accrue, they are not all gifted on Day 1 of each year.
Anonymous
Post 01/28/2015 09:40     Subject: Parents not honoring contract for guarantee hours. Did not got paid when parents took vacation
I too demand to start a new job, get paid Xmas week off, work a week, then get a paid vacation week, and then quit.
Anonymous
Post 01/28/2015 08:38     Subject: Parents not honoring contract for guarantee hours. Did not got paid when parents took vacation
Agree that if the contract says guaranteed pay then they owe you. But i also agree that your timeline is odd - did you comply with notice provisions in the contract?
Anonymous
Post 01/28/2015 07:50     Subject: Parents not honoring contract for guarantee hours. Did not got paid when parents took vacation
Anonymous wrote:
Anonymous wrote:Stuff like this is why no one takes nannies seriously. "Ohh boo whoop I had a week or two off from work but I still demand my full salary!"


Nonsense. I work in a different profession and I would demand my vacation pay. What is right is right. What happened to this nanny is NOT right.



+1 I'm an attorney and what these parents are trying to do is very wrong. I would demand my vacation pay from my firm if I ever quit.

Are you the same poster who has never employed a nanny and never worked as anything but an independent contractor? You come here entirely too often, PP, and have no idea what you are writing about.
Anonymous
Post 01/28/2015 07:37     Subject: Parents not honoring contract for guarantee hours. Did not got paid when parents took vacation
Anonymous wrote:Stuff like this is why no one takes nannies seriously. "Ohh boo whoop I had a week or two off from work but I still demand my full salary!"


Nonsense. I work in a different profession and I would demand my vacation pay. What is right is right. What happened to this nanny is NOT right.
Anonymous
Post 01/28/2015 07:23     Subject: Parents not honoring contract for guarantee hours. Did not got paid when parents took vacation
Stuff like this is why no one takes nannies seriously. "Ohh boo whoop I had a week or two off from work but I still demand my full salary!"
Anonymous
Post 01/28/2015 06:51     Subject: Re:Parents not honoring contract for guarantee hours. Did not got paid when parents took vacation
Anonymous wrote:OP -- If it's in your contract, then please don't let it go. Don't listen to the people saying you don't deserve to be paid because you didn't work. If it's in your contract, end of story.

I recommend calling the following organizations for help:

Georgetown Law's DC Law Students in Court: http://www.law.georgetown.edu/academics/academic-programs/clinical-programs/our-clinics/DC-LSIC/staff-contact-us.cfm
This is a great place to start. Contact them.

Legal Aid: http://www.legalaiddc.org/
I don't think they handle cases like yours, but it's likely they will be able to refer you to people/organizations who can help.


Remember to save all past and future communication with your former employers.

Hopefully this won't have to go to small claims court because that can be a stressful process and take time. I would suggest that, moving forward, all communication is in writing, and that you make sure you are presenting yourself as level-headed, firm, and confident. You need to show that you're serious, that you're doing your research, and that you're willing to proceed forward. My guess is that once the family realizes they won't be able to easily cheat you out of the money, they'll pay in order to avoid the hassle.

This can be tough. They might get mean. But hold your ground. The contract says what it says. If they thought it was unfair (it's not), they shouldn't have signed it. Unfortunately, some people are just assholes. Don't back down.

Good luck!




+1 Please do not back down! Employers like this cannot be allowed to get away with this. Legal Aid are great resources and they exist for cases like yours.