If our nanny only worked for 3 weeks , but our contract says we must give each other 4 weeks notice or pay in lieu of do we have to pay her? She was getting paid under the table.

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If our nanny only worked for 3 weeks , but our contract says we must give each other 4 weeks notice or pay in lieu of do we have to pay her? She was getting paid under the table.

She was the only one that signed our contract. Neither my husband or I signed it. She was only here for 20 days, and was getting paid under the table. Do we have to uphold this contract? Or would she lose if we went to court since we didn’t sign it?

Asked on July 6, 2017 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you have to pay her. The fact that you did not sign does not matter if you drafted the contract and presented it to her: when party A drafts a contract and gives it to party B to sign, party A's agreement or consent to the contract is taken from the fact that party A created it and  asked B to sign it; there is no need for your signature to show you acceptance of a contract which *you* created. Once she signed it, the contract is binding on both of you.


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