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Babysitting and they have not been paying me as agreed...

Herrin, IL |

I have been babysitting for a family since the beginning of the year. (Freelance, as I am not a day care or a day care provider. I babysit before school, after school, overnight and occasional other times.) I am owed back-pay for January, payment for a returned check two weeks ago, and back pay for last week. The agreement between this family and I was that I would be paid a set amount every week on Friday. This agreement has been broken. It was not in writing but by email. I will now also need to be paid for this week as well, adding to what they owe me in the amount of around $1000. They have bounced two checks to me. Can I turn them in for fraud or deceptive practice if I am not paid what I am owed, which are wages for working for them? They are my "employer" and I am their "employee".

I posted this in "Childcare Provider", not Child Custody. Not sure how the mistake was made.

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Attorney answers 4

Posted

This is not a child custody question. This is a civil matter (contract dispute/employment law). Ask your question in another forum so an Employment Law attorney can assist you.

Communication with an attorney does not by itself create an attorney/client relationship or constitute provision or receipt of legal advice. Any communication with an attorney should be considered informational use only, and should not be relied upon or acted upon until a formal attorney/client relationship is established via a written agreement.

Posted

You can take them to small claims court which is faster then filing a claim with the State of Illinois.

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Peggy M. Raddatz

Peggy M. Raddatz

Posted

than

Posted

First, stop working for them.
Second,send them a detailed demand letter to the amount you are owed. Give them a couple of days to pay you.
Third, if you are not paid, make the decision of whether you are going to go through the small claims court, or the small matter process of the Department of Labor. Both are legitimate forums. Depends more on what you're afraid of – the court, or government bureaucrats.
Fourth, remember this. If someone doesn't pay you (bounces a check, etc.), stop working for them.
Good luck!

If you found this Answer to be helpful, please mark it as such. Remember, however, free advice is worth every penny you paid for it. This is only generalized commentary on your question. It is not to be taken as legal advice. I am a lawyer – but not your lawyer! Even "in person" interviews leave attorneys with plenty of questions – the Internet makes it crazy! Thank you Chuck Watson 217.544.6165

Peggy M. Raddatz

Peggy M. Raddatz

Posted

Dept of Labor takes awhile. It can take as long as a year to get your money. Small claims is faster but you just get a judgement hat you then have to collect on. Howabout your parent goes there with you and talks to the pe

Peggy M. Raddatz

Peggy M. Raddatz

Posted

people.

Posted

You asked the same question twice. I answered your other question. What you describe is not deceptive practice but could be considered theft of services. However, Your fastest way to seek recourse is in small claims and not through a criminal charged. Quit this job.

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