I was a Nanny for a Family and they stopped payment on check!

I need some advice here! I have been a nanny to a family of 2 boys for the past 2 months. July 26th was my last day as I told her that I couldn't sit for them anymore. She paid me each week on Thursday. So she gave me my check for $264. I always go straight to the bank to cash it, which I did. The next day she stops payment on the check and now I'm out the $264 + the bank fees!!! I did the time and I deserve to get paid. Can they get away with that? They are in the mist of building a $525,000 house. She was very pissed when I told her that I couldn't sit any more, so that's why she stopped the payment, but I babysat all week and deserve to get paid! I filed a Civil Complaint....she get it in the mail...she then sends me a certified nasty letter and a check for $264....I deposit the $264 and can you believe....it BOUNCED!!! Yep...also, during that time, she went to the District Justice's office and filled a Defense....now tell me...if she thinks she's innocent, then why would she send me a 2nd check AFTER she get the Civil Complaint in the mail? So now I have 2 bad checks....2 fees from the bank...agrahhhhhh.....and now the court date is moved to Sept. 18th since she filled a defense! Any advice?

1 answer  |  asked Sep 6, 2007 7:33 PM [EST]  |  applies to Pennsylvania

Answers (1)

Christopher Ezold
An employer generally may not withhold wages from an employee.

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.

That being said, an employer generally may not withhold wages from an employee under the Pennsylvania Wage Payment and Collection Law ("WPCL"). You appear to have been an employee, and are covered by the law. Therefore, even if she had a claim against you, she would have to file a separate claim instead of withholding wages. Her actions will likely cause her to owe you the wages not paid, as well as a 25% penalty under the WPCL, and your bank fees. You should pursue the claim in District Court, and expect that the court date might get moved one more time if she asks for a continuance.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
posted by Christopher Ezold  |  Sep 7, 2007 04:51 AM [EST]

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