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As a nanny, I was required tasks out of the "verbal agreement". They got me fired and now don't want to pay me. What can I do?

Upatoi, GA |

I recently took a job as a nanny in my own house from a person I've met before. We are both military families. We had only a "verbal agreement", which my husband witnessed. While on the job, I was demanded to work on Sunday and after agreement hours including overtime. I was also required to pick up/drop off kids from different locations at their convenience. And i was asked to make the kids meals, then snacks, all of these out of my pocket. At the time I thought I was going to get paid for overtime and would be reimbursed for gas and meals I've provided. I was wrong. When I requested to sit and talk to go over this things they ignored me. And when I declined their next request, they just fired me without notice. Now they don't want to pay me and are denying the facts. Anything I can do?

Agreement was to take care of the kids at my house. Pay: $750 a month. Schedule would vary from 9am - 8 pm, Monday - Friday. I stated at the time that I wasn't able to do 9am - 8pm on a daily basis, but only occasionally while husband is TDY. They agreed. Kids were dropped off between 9am – 11am and picked up between 3pm-5 pm. They promised a written 6 month contract, and kept holding onto it. Week 1:By 3rd day they requested for me to share my own meals with kids and stopped providing lunch. Week 2: The father was TDY and kids were picked up between 9pm -10 pm. I had to provide lunch, dinner and snacks. I was also asked to pick up oldest kid from bus stop at their house. Week 3: I was asked to receive kids earlier than agreed on or go pick them up at their mother's job site. I decline and requested to sit and talk. They ignore me and I was fired. I email them and got rude answer. They owe me 3 days, overtime, and meals provided. I emailed invoice. Now they say they don't owe me since there was no contract.

Attorney Answers 3

Posted

A lot you can do. Tell the client that if they do not pay you what is owed thenn youn will file a complaint with the Department of Labor seeking payment of back wages and overtime. This may scare the employer because there is also IRS issues in relation to paying a nanny and whether you are an employee or not. Best you consult with an employment lawyer.

My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a licensed attorney in your State should be obtained. Please click "helpful" or "best answer" if my answer added any value or add a "comment" if you have more info for me to help you get a better answer.

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2 comments

Asker

Posted

Thanks for answering! This is what I wanted to know.

John P Corrigan

John P Corrigan

Posted

you are welcome. good luck!

Posted

You did not indicate the terms of the agreement. You also did not indicate how many hours you provided daycare or childcare services. It sound like it was very short term and that you were operating a quasi-business. A nanny usually performs services in the home of another. A daycare or childcare usually provides services in another location. If you believe that the family breached an agreement, you may be able file a small claim lawsuit for the amount you claim that you are owed.

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6 comments

Asker

Posted

We agreed on my house since we both new each other from before and we live 5 mins away. I offered my services in my house. I call myself a nanny since it was a monthly regular pay and I was not charging them by the hour as a babysitter.

Asker

Posted

I've been babysitting for 15 years and have never been in this situation before.

Richard Todd Rosenstein

Richard Todd Rosenstein

Posted

If you were an employee, you may have rights to file a claim wage claims with the Department of Labor. If you were a operating a home childcare business, there are various requirements. http://decal.ga.gov/BftS/StartingACenter.aspx

Asker

Posted

I was an employee. For what I understand babysitting can be performed anywhere, location can vary from parents home to sitter home, events, hotel while traveling, etc. I added some more details so that the situation is better understood. Thanks so much for your help!

Richard Todd Rosenstein

Richard Todd Rosenstein

Posted

You should contact a local employment lawyer for a consultation.

Asker

Posted

I will! Thanks again for all your help!

Posted

You may be entitled to overtime and other lost wages. Call an employment attorney for advice. Good luck.

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