domestic employee,

[vermeerene]

my state: california

I'm in the process of relocating from Europe to United States. Knowing I'm not good in household affairs I put an add on a job forum for a full time personal assistant. Agreed was that she would work first for me directly (me as the legal employer) and that a Professional Employer Organization (they become the legal employer, and I would only be a "client" of the PEO) would take over. It was agreed that I would only act as employer as long as I didn't had to register as an employer (under californian law this means USD750/quarter).

She worked for two days for me (december 27 and december 28), with me on distance, I've never seen any statement of hours worked or expenses made (milleage), I did send her compensation for two days which she has received. We agreed that she should not work on the weekend nor on December 31 (monday). Her salary was send and received to her on Wednesday.

She knew I would be unreachable during the weekend and started sending e-mails (no phone call or text message) during the weekend requesting to be paid, which she continued on Monday (me still unreachable).

Wednesday she didn't report for work but I did send her money and she received the money the same day (shortly after 9am her time). She started to claim my job offer wasn't legitimate, stated I've mislead her and generally insulted me. I let her know I considered her "on strike", she claimed she was looking for another job. Today (thursday) I asked her if she was willing to work for me she refused to answer, I immediately let her known (over the Internet) she was fired.

She now threatens to sue me and report me to the Police (assuming I did something criminal), she hired a lawyer.

any reaction

 

[Zigner]

My reaction: Huh?

 

[mlane58]

My reaction: Huh?

I second that!

 

[eerelations]

She sounds like a nut. As long as you've paid her for every hour she's worked, at at least minimum wage rates, you're okay. And if you haven't paid her everything yet, pay her right away, then you'll be okay.

Don't worry about the police or a lawyer for now. Until you actually hear from the cops and/or a lawyer (though I seriously doubt that you will), you don't have any problems in this area either.

(BTW - "on strike" is a legal term in the US. She cannot have gone on strike unless she was unionized, your workplace was part of that union, the union had legal cause to start a strike, and the union had directed her to go on strike. Don't use the term "on strike" again unless all of these caveats apply. If she was at work during the time you considered her to be "on strike" then you must pay her for that time. If you haven't yet, do so right away.)

 

[Beth3]

She's a nut case. If you paid her for the time she worked and any appropriate business expenses, then that's the end of it. She can threaten to sue all she wants but I don't remotely see that she has any claim to bring.

Next time, be more careful about who you hire (interview the heck out of the candidates) and be SURE to check references and have a background search performed (criminal and credit history) before you hire the person.