QUESTION
Can I sue a parent for lost wages, because she didn't file paperwork with the state for subsidized daycare?
Asked on Nov 12th, 2013 on Civil Litigation - Pennsylvania
More details to this question:
I work in PA as a nanny for a woman who has subsidized childcare. I had all my paperwork and background checks done. She told me all her paperwork was good and told me the money I would be receiving from her, $67 a month, and $500 a month from PA. CCIS told me I could start as soon as the mother paperwork was sent in. I learned today from the CCIS office I would not be paid for the past four weeks work, because the mother of children never sent in her paperwork. Do I have any legal recourse to get that months pay?
1 ANSWER
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You might. If the terms of your employment were for a particular rate (say $15/hour), then the parent is responsible for you receiving that amount, regardless of who she plans on having contribute toward that. She may have told you that her uncle would pay you. If her uncle refuses to pay you, that doesn't relieve her of her obligation to pay the wages due to you. The Wage Payment and Collection Law likely entitles you to back wages, interest and possibly penalties. If you can't work it out amicably with the parent (and I encourage you to do so), you could file a complaint with the Pa Department of Labor's Wage and Hour Division or retain private counsel to start a dialog with the parent to get you paid what you deserve.
Answered on Nov 13th, 2013 at 1:56 PM