Am Ijustified in not paying a nanny the full amount of her paycheck, ifshe was arrested during her 3rd week of work?

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Am Ijustified in not paying a nanny the full amount of her paycheck, ifshe was arrested during her 3rd week of work?

I hired a nanny for my daughter with special needs. During her 3rd week, she texted me that she had a family emergency and would not be in the next day. Her fiance explained the next day that the nanny had been arrested the night before for stealing from her previous employer in excess of $30K. Now, she wants to be paid for time worked. I want to only pay her half since: 1) she worked for me under false pretenses knowing about the warrant; 2) she left me high and dry without a nanny which has caused me a large financial dilemma; and 3) my emotional distress over having a felon in my home.

Asked on January 2, 2012 under Employment Labor Law, Illinois

Answers:

Catherine Taylor / Broadbent & Taylor

Answered 10 years ago | Contributor

Generally, if you entered into an employment contract with the nanny, you must pay her at the agreed upon rate. Unless she breached the contract in some way, the terms may not be modified. It is likely that a valid employment contract existed regardless of whether it was oral or written. 


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