Hello, and thank you for your time in advance.
I was a nanny for 3 years in a private household, and I recently left my job due to the fact that my boss had been gradually taking away my incentives while increasing my responsibilities. When I asked for health benefits she responded by giving me a pay cut disguised as a raise. I used to get paid on the books, and then she started paying me half under the table and half on the books, yet kept some of my salary even though I was taking home an extra $40 a week. Can I file a claim that she cut my pay and my hours and that's why I left? Could she dispute that? Also will her taxes go up significantly if I collect?
Elder Law Attorney
You state that you want to collect Unemployment against an employer who was confiscating some of your pay and other abuses.
Although I practice Elder Law, at one time in my career I worked for the state as an auditor. I am not 100% of the routine at this point in time, but back then it worked like this: if you apply for benefits stating what you have stated, it will prompt an audit of the employer through the central office in Harrisburg. The employer may or may not be held liable for back unemployment taxes (plus interest); it depends upon the skills of the auditor. You may receive benefits. Of course she can dispute what you said. Even though it may be "your word against hers" some of the most historic cases in court were decided by comparing one person's word against another. The trier of fact may determine that one witness is credible, and the other isn't. It happens all the time.
Having said all this, if I were you I would visit an employment attorney. If I were in your position I would visit an employment attorney who was familiar with the latest unemployment decisions, has done previous hearings, and who might know of other rights you have. There may be other rights you have that even I do not know, but an unemployment lawyer does know.
Of course, this answer does not create an attorney client relationship and you should seek the assistance of a competent attorney to help you with this matter. The information presented is for general educational purposes only and there may be facts not disclosed which would call for a different answer.
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