I hired a baby sitter to watch my kids in my home but she ruined my freezer, do I still need to pay her?

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I hired a baby sitter to watch my kids in my home but she ruined my freezer, do I still need to pay her?

While here she left my deep freezer open and burned up the compressor and is now demanding the last of her pay and won’t acknowledge the fact of my deep freeze needing to be replaced or repaired.

Asked on August 14, 2014 under Business Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Yes, you have to pay employees for all work done, even when they damage your property, unless they agree to let you withhold pay (see below). Of course, if somone negligently (carelessly) damages or destroys your property, they are liable for the cost to repair or replace it, and if they will not voluntarily pay, you could sue them (including, for smaller sums--less than, say, $3,000--suing them in small claims court and acting as your own attorney). You could inform her that you intend to sue her for the damage, but are willing to settle for her giving up her last pay; if she agrees, make sure to get the agreement in writing signed by her.


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