We fired our nanny and she has filed a lawsuit against us. We were paying her on the books but in cash after 40 hours a week.

Asked about 1 year ago - New York, NY

She seems to be claiming that we did not pay her for the over time, the cash portion.

The lawsuit was taped to our front door so I'm wondering if it has been served correctly. If not, is there anything I need to do?

Attorney answers (4)

  1. Mary Katherine Brown

    Pro

    Contributor Level 20

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    Answered . It is unlikely that you were properly served, but without reviewing the papers and knowing more about the situation, it is impossible to say for sure. I'm sure this has already occurred to you, but no matter how "right" you believe you are and how well documented your evidence, you can expect to save both time and money by seeking competent legal counsel to help you make this go away. I'm sorry you have to deal with this, but it can be resolved. Good luck!

    Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@... more
  2. Krishnan S. Chittur

    Contributor Level 12

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    Lawyers agree

    Answered . Yes, you certainly "need" to attend to this - or you may land up with a default judgment against yourself, which would be an uphill task to set aside. Whether you consult with an attorney or choose to handle it yourself, you should not ignore this.

    If you do not have a signed retainer fee agreement with Chittur & >Associates, P.C., ("the Firm"), then until... more
  3. Arthur H. Forman

    Pro

    Contributor Level 17

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    Answered . Consult with an employment attorney who has experience handling overtime cases.

  4. Jayson Lutzky

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Consult with an employment lawyer off line. What is posted here is not privileged. You may have some exposure once service is done correctly.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more

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