Hi, I need advice. I"m a nanny with severe asthma my employer doesn't want the air condioner on at all for me. They say they aren't hot or I"m not normal. It is going to be horrible this week. I gave notice that I am leaving and the harassment is worse. They didn't pay for last week either. Should I just quit since they are ignoring the doctors note too.
Should I just call and say I"m not coming back at all due to asthma worsened? Should I ask them to mail my check to me? I was told by my doctor that I could report them to different agencies.
The baby's father has 6 motorcycles, 1 truck and 2 race cars. He doesn't help support his own daughter. They rent out half of their house. It is going to be a long week especially if the ac isnt on. Thank you everyone for your replies.
Hi H..
I agree with the below good advice.
I hope you find an employer who treats you kindly and fairly as anyone deserves.
Best, Jilly
They haven't paid you and aren't current with payment? Do not go in.
Most families would have some understanding of your situation. The fact that they aren't current with payment suggests that you are not going to get paid for any more time you work. And if they are being such stinkers, I wouldn't worry about getting a reference from them anyway.
(I was a nanny for years and did not have to deal with this nonsense. It IS nonsense!)
I would say this job just is not the right fit for you, so move on. I'm pretty sure you can't force them to have the air conditioning on, just as you couldn't make them get rid of a pet if you were allergic. I hate air conditioning, and ours only gets turned on for about one week a year, so I understand their point of view. If you gave them the correct notice and they refuse to pay, you may have to take them to court. Make sure you bring up any special medical need to your next employer ahead of time.
I had a nanny and it sounds like, at best, they are tight on finances...
You need to call the labor board (or whatever it is called in NJ) and see what your options are (KNOW THE LAW) and then I would show up for your next scheduled day. THE FIRST thing you do is tell them that you will not be able to stay until you have been paid in full for time worked.
If they say no, then tell them what you found out from the labor board (i.e. what laws they are breaking) and let them know that you called anonymously but that you will now be filing a formal complaint and LEAVE. Do not engage with them. Leave and go do it.
You don't say how long you've worked for them.... it is very expensive to
LEGALLY have a Nanny. In addition to your salary they are legally obligated to withhold and pay your employee taxes, pay matching employer taxes, file Qtrly returns to the IRS re: your salary and said taxes, create a W2 for you, etc.. In MN we also had to carry a Workers Compensation Insurance Policy on our Nanny.
Most people don't factor in all the additional costs and then easily get in over their heads (and why you hear about so many people having illegal Nannies). They then give their Nanny a 1099 and she/he is then stuck w/ payig all the matching taxes. This is ILLEGAL - if they control the hours & days you work they MUST give you a W2 and handle all of your taxes.
Did you get a proper W2 from them last year? Are you certain that they have been filing your taxes? PM me if you want to talk more about it. I'm not a lawyer.. but as stated I did do all of the above for our nanny and can at least offer some insight. My bet, if you started on/after Jan1, 2012, is that, given their behavior, they NOT doing any of the tax obligations they are required to do.
First step - do your research!! Maybe just being able to show them you know your rights may scare them into paying up!
An employer BY LAW has to pay you for all of the work that you do or have done and they NEED to follow doctors orders. It is called a reasonable accommodation and it's part of the Americans with Disabilities act. As far as getting your pay, call the sate labor board. They can also give you the information on who to contact about your employer not accommodating your asthma.
What's your question? Think about your own health. If they are not willing to pay you for last week, they are not going to pay your doctor bill when you have an asthma attack either.
It sounds like perhaps they are financially strapped if they're not paying you and don't want to turn on the AC for your health.
I would do whatever you need to do to get paid for the time you've worked, but I would not continue to work there. I think Andra has good information (I'm not positive this falls under ADA, but with a doctor's note, perhaps it does). Either way, you are owed your pay, but if they do not respect your health needs, you need to move on. I'm not a fan of air conditioning, but I would certainly go out of my way to accommodate the person caring for my child or if I didn't agree with their requirements, I'd find someone else.
A bad asthma could put you in the hospital or "worse". If everything you say is true, don't go back to that house, send a registered letter to both parents and demand what is owed to you in the form of a "cashiers check or money order". When one leaves a job, the final paycheck is due and payable, if they don't pay there is a $$ penalty for each day (don't know about NJ, but in California you can turn them into the Labor Board)...if they are shady about the income, the state and federal tax boards)...I suspect they aren't claiming the rent they get.
In other words, you probably have some leverage. Paying you would cause them less trouble.
