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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year 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.


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