What to do if I was a nanny and my employer owes me $400 but keeps backing out on her agreements to pay me?

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What to do if I was a nanny and my employer owes me $400 but keeps backing out on her agreements to pay me?

We had no written contract but I have other proof that I worked for her, including emails with her admitting what she owes. She always has an excuse as to why she can’t give me my money and says she will pay me when she can. However, she has been saying this for over 2 months and still keeps putting it off. She originally owed me $500 but last month paid me $100 and agreed to start paying me a portion of what she owes each times she gets paid but since then has refused to pay me anything. She says she can’t afford to pay me yet she spends a lot of money on unnecessary items, such as expensive food. Do I have a case?

Asked on June 14, 2012 under Employment Labor Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You have a couple of different options.  The first is to sue your employer in small claims, because of the amount that is due.  The problem is that once you get a judgment, you'll have many of the same problems that you do now-- but you will at least have a judgment that you can take steps to enforce with, including the filing of a lien on property.   A potentially quicker and cheaper route would be to file a complaint with the Texas Workforce Commission if you were a formal employee (not just an independent contractor).  She is required by law to pay you your wages when they are due.  TWC is the enforcing agency for violations of the payday law.


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