Nanny hurt on job, boss not caring.?
My friends wife has worked for this family in the Orange County area for the past three years, she recently hurt her back at work and he all of sudden only needs her two days a week. She notified them that her back hurt went home called in the next day on the third day she went in and left home early to go to doctor. Doctor gave her a week off the boss told her he was thinking about taking her down to two days a week anyway and that she should call him back in a week to find out what his decision is.
I contacted workers comp for him and they said she has to file a claim with them with his company. He of course has paid her under the table for the past three years telling her he ahs been taking out taxes. She’s really clueless but a really nice lady, he won’t give her the home owners insurance companies name or anything. She should be 100% in a few weeks but meanwhile no check no nothing. Any advice or refer to a good attorney would be helpful for her family. (is there a way to get the home owners insurance company name?)
Thanks and I hope that you all have a wonderful Holiday!
Under the table deals are like that. The worker has no rights. Probably they are illegal and should go home anyway.
Good riddance. Next time, get a Visa.
If he is paying her “under the table” is she an illegal immigrant? If illegal, she probably has no recourse as she could face deportation.
If she is legal, she can choose to file a claim with the appropriate agencies in California (or is it Florida or NY?). If he is threatening to cut her hours or fire her for an injury that occurred on the job, she may be entitled to sue.
If she likes the family and her job with them, she may not want to rock the boat, but it certainly sounds like the fellow is a jerk and trying to force her to work while injured. If it were me, I’d be looking for a new job.
By the way, if he has NOT been deducting taxes for her for the last three years, she may be required to pay the government all the income tax for the money received, plus penalties. I’d be sure to get her into a job arrangement where she deducts her own taxes at the end of the year, and a signed contract or payments by check to prove weekly salary.
My advice is not to take “under the table” jobs again.
That said, he IS responsible to pay into her social security account even if he’s paying her “under the table”. If he has not done that, then he is breaking the law. She can contact the social security administration and request a list of everyone who has paid into her account.
If his name is not on the list, she needs to turn him in to the Social Security Administration and they will collect her back social security payments from him and put them into her account.
They may also fine him, and if they want to they can have him arrested.
If I were her, I would seek a free consultation with a employment law attorney. The first consultation is always free and the attorney can then advise her what legally can or cannot be done.
The question here isn’t about wages/social security or taxes. the
‘nanny’ was injured at work. Whether or not the employer is relying
upon the homeowners insurance coverage or a formal workers
compensation coverage, the homeowner/employer IS LIABLE for the
nannys claimed injury. Regardless of the wage issues, the woman is
an ”employee” and entitled to file a claim for wage loss and
medical treatment at the cost to the employer. If the employer
won’t provide the forms to file the claim, the Doctor or employer
must file with the DIR/Dept of Industrial Relations/DWC Division of
Workers Compensation. If necessary contact an Information and
Assistance officer at the WCAB, or an attorney.
Yet another reason why paying a nanny under the table is not a
smart move. Not only will the employer owe taxes if she reports
him, she will also owe taxes. A nanny is a household employee and
both employee and employer need to pay taxes on her wages. This
should have been done from the beginning. I am a nanny and I am
paid on the books. My boss goes through a company called GTM
payroll services. We both pay our portion of the taxes, I am
covered by workers comp and disability that my boss got through
them, and they offer me things like direct deposit and employee
login. I also like that they offer programs where my boss can
contribute to a health care account for me. There are many ways
that you can tell you are paying legally, so going 3 years not
knowing does not seem likely. It seems that every under the table
nanny enjoys being paid that way, until something comes up such as
an injury or being fired and then they want to go after their
bosses. It seems like they are forgetting they are also in the
wrong. I suggest to any nanny out there to do what I did, recommend
GTM to your employer. There are many benefits to being paid
legally, take advantage of them. Send your employer to http://www.GTM.com,
its better to be safe than sorry if you find yourself in a
situation such as this one.