QUESTION

How do I get the money that I worked for?

Asked on Jan 13th, 2013 on Labor and Employment - Oregon
More details to this question:
I was hired for a lady who has 7 children. She had general rules but not detailed. On my first day, I was left alone. After the first 3 hours of my shift for her to go shopping, and I followed her schedule. No punishment allowed just redirection, cannot raise voice to children, must follow routine. I started circle time and had all 7 children sitting while I was reading a book and I was interrupted by circle time is at table and we sing this song and review weather, no reading books. On her schedule, it just said 9am circle time. I did not feel welcome from the gate and did not feel comfortable. The children have their own entrance to the house where I also entered and I was not allowed in the actual house just in the room that they called a classroom. I worked from 7am to 5pm with no break for bathroom or lunch. I was not allowed in kitchen to prepare lunch or get myself water. I felt as though the mother was not informing at all just would give me a simple thing to do and not specify on what she wanted. Another example is, go outside to play. Where I park and entrance for classroom is there is a swing set so I took the kids there. Less than five minutes later, I was being told that in the morning play I have to go to fenced in area behind their farmhouse by the barn. Again, I apologized that I didn't know that they had that. My first day I came at 7:06, 6 minutes late because I was lost and informed her I was lost. She fired me at the end of the day. Tuesday, she asked me to come back, than fired again on Thursday. I worked 31 hours and was told check will be mailed but never did. I've emailed and called and have been ignored. That is over $320 dollar loss. Her husband called saying that I was not what they were looking for and I'm not a good nanny and should change my career and she was scared for the children, and that my four reverences lied for me therefore no money is owed.
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6 ANSWERS

You may sue for any hours worked. A judge could decide she should pay you, or the judge could decide you are due nothing.
Answered on Jan 17th, 2013 at 1:46 PM

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Theodore M. Roe
Essentially, this question is: Should I be paid for my work? The answer is yes. Oregon wage laws protect workers in this regard. The parents in this example may have violated provisions of the minimum wage law, appear to have failed to pay a wage when due and as a result subjected themselves to damages equal to the wages due, plus up to 30 days of additional wages, plus attorney fees and costs.
Answered on Jan 17th, 2013 at 1:45 PM

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Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC at Love and Dillenbeck Law
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There may not be much you can do, but you follow these steps. First, call the NC Derpartment of Labor and see if they can assist you with getting the money you should have been paid. If this doesn't work, you can file in small claims court to get your payment. The issue will be proving what you were to be paid and how much you worked. They will likely disagree with any statement you make, so you need to make sure you, have something to support all of your claims.
Answered on Jan 16th, 2013 at 9:21 PM

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Elder Law Attorney serving Hollister, CA at Charles R. Perry
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It appears that you have every right to be paid the hours that you worked. The husband's theory as to why you are not owed anything is simply not correct. If your employer will not pay you, then you can pursue a claim either before the California labor commissioner or in small claims court. I would write a simple letter requesting payment before filing a claim, however, to see if this can be resolved.
Answered on Jan 16th, 2013 at 9:01 PM

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Litigation Attorney serving Monona, WI at Fox & Fox, S.C.
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You should contact the Wisconsin Equal Rights Division and file a wage claim for the earned income owed to you.
Answered on Jan 16th, 2013 at 8:12 PM

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Administrative Law Attorney serving Sherwood, OR
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The mother owes you wages for the 31 hours worked. It appears that you have made a demand for the wages in writing via the emails that you have sent. Under Oregon law and employer is required to pay you at the time they terminate your employment or no later than 24 hours after you are terminated. For failing to pay you at termination she is liable for a full day's wage for each day thereafter up to a total of thirty, or until she pays in full, whichever occurs first. If she still does not pay within thirty days you may file a claim against her for unpaid wages and in addition to your salary and penalty wages you are entitled to recover the cost of attorney fees for getting the money paid.
Answered on Jan 16th, 2013 at 8:11 PM

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