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

Asked over 1 year ago - 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".

Additional information

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

Attorney answers (4)

  1. Peggy Margaret Raddatz


    Contributor Level 20


    Lawyers agree

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

  2. Charles Shinkle Watson

    Contributor Level 15


    Lawyers agree

    Answered . 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!

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  3. Andrea Medlock Harvey

    Contributor Level 13


    Lawyers agree

    Answered . 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... more
  4. Judy A. Goldstein

    Contributor Level 20


    Lawyers agree

    Answered . 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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