Can we be sued if our nanny never showed uo to collect her check?

UPDATED: Oct 1, 2022

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Can we be sued if our nanny never showed uo to collect her check?

Our nanny quit without notice and asked for pay via text. When we asked her to sign a termination to confirm her final payment after picking up her check, she was no show. Now she has claimed we didn’t pay her and is asking for pay with penalties. What can be done?

Asked on April 21, 2019 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You have to pay her the money she was legitimately owed, but not penalties if you were ready, willing, and able to pay her but she failed to pick up her check. Offer to pay her the money she is owed and state that because you were ready and wiling to pay her but she was the no-show, you do not owe her anything else: put your communication in writing to her, sent some way you can prove delivery. 
If she does try to bring some legal action against you, you will raise you readiness and willingness to pay her as a defense to anything beyond the actual wages you owe her.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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