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Bad babysitter gone worst

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azjonboy

Junior Member
What is the name of your state (only U.S. law)? Arizona

I have a question for you, I am not real familiar with civil law but here goes..

My wife and I hired a babysitter in March or April 09.Recently she was not showed on me or called later then when I need here to (which she was told) to find another babysitter or call off of work. We had something’s come up and requested to pay her in two weeks for the month. She agreed then she called me at 1:30pm to tell me she was sick and would not watch my children. Problem being I told her upon accepting the job that I needed to be notified by noon at the latest. Long story short I had to get a neighbor to do it taking much more money then I had planned. She then no showed on the following day and refused to answer the phone. So once again I had to pay the neighbor., the following day I just had the neighbor do it figuring she was done. That day she called me and asked about babysitting and I explained to her I already had paid someone else and I set a meeting with her in order to find out where we stood. When we met it was her and her boyfriend that showed up. We talked and agreed that we would try it again. I once again told her the parameters call off by noon and we set a price at $110 a week for both of my children. One of my kids were visiting family and not watched the following three weeks, she only watched one. One of the weeks I was out of town to get my son and during that time my daughter left her game system at her house. She told the babysitter and she said “I will give it to you tomorrow”. The following day she stated she couldn’t find it at her house even though the night before she said it was on their entertainment center. The day that I returned from my family’s with my son she gave me a letter when I picked my daughter up raising the rates to almost $170.00 a week. I told her that night we needed to go over the contract she gave me since I did not agree with some of the stuff I would not sign it. She agreed and the first day back she called me at 12:30 pm and said she could not watch the children. I ended up calling off my job that day. The following day she watched both children. The following week she no called no showed again and we fired her!


My questions are these..

1. My wife and I feel that since she was watching the child at her home, which the original agreement was our home, but we agreed to allow her to take them to her house for convenience purposes. She should be responsible for the lost game system. We believe that she or someone stole it because the story of where it was changed multiple times. So should she be responsible?

2.When we sat down to pay her on the weeks that she only watched one child we cut the fee in half since she only watched one. Are we correct on this?

3. She also claims she should be paid for the week she didn’t watch either one. We disagree since it was her that called off the one day and didn’t bother too call the next. Who is right?


The agreements are all verbal nothing in writing however we feel that she is trying to get paid for more then her share. Help please!?!?
 


Banned_Princess

Senior Member
What is the name of your state (only U.S. law)? Arizona

I have a question for you, I am not real familiar with civil law but here goes..

My wife and I hired a babysitter in March or April 09.
Ok this makes sense. You hired a babysitter.

Recently she was not showed on me or called later then when I need here to (which she was told) to find another babysitter or call off of work.
What? I have no idea wat this is soposto mean.

We had something’s come up and requested to pay her in two weeks for the month.
What??? are you soposto be paying her weekly? each time she sits? a month? WHAT???


She agreed then she called me at 1:30pm to tell me she was sick and would not watch my children.
So, she called in sick, probably because she was upset abot not being paid. Understandable. How would you feel?

Problem being I told her upon accepting the job that I needed to be notified by noon at the latest.
Maby she didnt get sick till 1pm. Would you want a sick babysitter contaminating your home and children?

Long story short I had to get a neighbor to do it taking much more money then I had planned.
But you just said you couldnt pay the babysitter for two weeks.

She then no showed on the following day and refused to answer the phone.
First of all the proper way to put that is "then she didnt show up the next day"
Ok, so you told her you cant pay her, and suddenly she wassick. hmmmm.

So once again I had to pay the neighbor.,
How come you couldnt pay the regular babysitter but could pay the neighbor more money?

the following day I just had the neighbor do it figuring she was done. That day she called me and asked about babysitting and I explained to her I already had paid someone else and I set a meeting with her in order to find out where we stood
.

Personally I'd be super pi$$ed about that, you had just told me you couldnt pay me. then your saying you paid the neighbor? heck no.

When we met it was her and her boyfriend that showed up. We talked and agreed that we would try it again. I once again told her the parameters call off by noon and we set a price at $110 a week for both of my children.
Super. What kind of agreement did you write up and sign?

One of my kids were visiting family and not watched the following three weeks, she only watched one.
So your going to say you want to cut her pay. (Thats my ESP)

One of the weeks I was out of town to get my son and during that time my daughter left her game system at her house.
Why wouldnt she, isnt it where she keeps all her stuff? or does she carry it around with her all over. (by game system I'm taking it to mean like an xbox or wii not a handheld like a DS or PSP)

She told the babysitter and she said “I will give it to you tomorrow”.
What the f dude, what are you talking about???????

The following day she stated she couldn’t find it at her house even though the night before she said it was on their entertainment center.
So here is where I realize that when you said "left at the house," you mean at the babysitters house, I thought you said the agreement is to watch the kids in your house. Your kid left her prperty at someones house. That was very irresponsible of her, and of you to allow her to leave without it.

The day that I returned from my family’s with my son she gave me a letter when I picked my daughter up raising the rates to almost $170.00 a week.
I'd be frusturated with you too, I'm barely getting thru this post. Plus you paid the neighbor more.

I told her that night we needed to go over the contract she gave me since I did not agree with some of the stuff I would not sign it.
So you did have a sort of contract.

She agreed
WHAT DID SHE AGREE TO???? Why do you keep throwing random words into your writing???? She agreed you wont sign it? she agreed to talk it over with you? WHAT?????

and the first day back she called me at 12:30 pm and said she could not watch the children. I ended up calling off my job that day. The following day she watched both children. The following week she no called no showed again and we fired her!
Gosh darn it that took forever.


My questions are these..

1. My wife and I feel that since she was watching the child at her home, which the original agreement was our home, but we agreed to allow her to take them to her house for convenience purposes. She should be responsible for the lost game system. We believe that she or someone stole it because the story of where it was changed multiple times. So should she be responsible?
That is a negitive. Your kid should be responcible, Babysitter didnt borrow game from your daughter, daughter lost it at her house.



2.When we sat down to pay her on the weeks that she only watched one child we cut the fee in half since she only watched one. Are we correct on this?
Is this what your "contract" said? did you mention anywhere thet if she had to only watch one kid, she will be paid half?
I mean of corse you can do it like that, but look what screwing over the babysitter got you. I'm sure she did not expect that, and it was messed up of you.

3. She also claims she should be paid for the week she didn’t watch either one. We disagree since it was her that called off the one day and didn’t bother too call the next. Who is right?
Well yes you are right, she shouldnt get paid for a week she did'nt work, thats just a givin. she shouldnt even expect that.


The agreements are all verbal nothing in writing however we feel that she is trying to get paid for more then her share. Help please!?!?

I think you tried to screw her over from the beggining, and you get what you pay for.

OH MY GOD. I just went thru ALL THAT and you dont even have a LEGAL QUESTION!!!!!!

Now I'm pissed too. Pay the girl a severence and treat your help like you care, and you need them.

(CANT SPELL CHECK, THIS DUDE HAS MADE THAT IMPOSSABLE, SO SORRY FOR THE ATROCIOUS SPELLING)
 

azjonboy

Junior Member
First of all you , its real simple, first my so called babysitter didnt honor her verbal contract twice by calling in after the time scheduled as the latest time to call in.Secondly she just did not show up for two shifts, and somehow you is blaming me! Basicly by her calling in late or not showing up she is putting my family at risk. Because if I call in late I risk my job, and also making my kids be watched by someone I barely know is risky.As for my paying the nieghbor more I did not pay her and not the useless biotch, But she charged more when I paid her at the sametime as the useless one.. We payed the babysitter that we had every two weeks and we asked due to financial issues to pay her next payweek for the month. Which she agreed too, as well as calling in atleast two hours before her shift. As for you not understanding no call no show, I am not sure how else you want it. As for a written aggreement there wasent one. A verbal one that I told her I would pay her $110.00 per week for both kids. Therefore I paid her half for the time she only watch one kid. As for the DS she wasent doing her job and refused to run back in the house for it, then all of a sudden it was gone. Basicly everything points to she stole it or her friend!Bottom line I wanted to ask a lawyer whether in the civil courts eyes would I be the one held in the right?
 
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eerelations

Senior Member
First of all, its real simple, first my so called babysitter didnt honor her verbal contract twice by calling in after the time scheduled as the latest time to call in.Secondly she just did not show up for two shifts, and somehow you is blaming me! Basicly by her calling in late or not showing up she is putting my family at risk. Because if I call in late I risk my job, and also making my kids be watched by someone I barely know is risky.As for my paying the nieghbor more I did not pay her and not the useless biotch, But she charged more when I paid her at the sametime as the useless one.. We payed the babysitter that we had every two weeks and we asked due to financial issues to pay her next payweek for the month. Which she agreed too, as well as calling in atleast two hours before her shift. As for you not understanding no call no show, I am not sure how else you want it. As for a written aggreement there wasent one. A verbal one that I told her I would pay her $110.00 per week for both kids. Therefore I paid her half for the time she only watch one kid. As for the DS she wasent doing her job and refused to run back in the house for it, then all of a sudden it was gone. Basicly everything points to she stole it or her friend!Bottom line I wanted to ask a lawyer whether in the civil courts eyes would I be the one held in the right?
That's the most dimwitted, moronic post I've ever seen. Your grammar and spelling is just about the worst I've ever seen! How far did you go in school? Have you ever been to school? Can you even spell school?

You're being treated like an immature jerk because your posts make you look like an immature jerk. If you want to treated like a mature, intelligent and rational adult, then learn to act (and write!) like one.
 
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azjonboy

Junior Member
Please forgive me that I am angry about this situation and that I did not spell check my post prior to posting it. All I was trying to do was get a little legal advice on whether and what I was thinking was correct. I have a woman who is absolutely useless lying about our verbal agreement and try to exhort more money then she deserves. Not only was she unreliable, and stuck me without a babysitter twice at a very late hour. When we hired here the rules where very liberal and simple. If you can not work on a day contact us before noon on the day that you are scheduled to baby-sit. And on school nights please return to our home by 9:30pm so my eldest can go to sleep.

This woman has changed what she wanted for a pay rate four times in almost as many months. The final time was approximately two weeks after we agreed in a meeting for her too be paid $110.00 a wk for both children. She had her boyfriend with her at the time however I purposefully asked her and him if that was adequate both agreed. Then after I released her due to endangering my oldest by a guest at her house, and the use of illegal substances around my daughter. As well as my belief that she or her guest stole my daughters DS, and the day she didn’t show up or didn’t call. She stated that I had told her that I would pay her $110.00 a week per child. Seriously why would I say I would pay a 19 year old girl $220.00 a week to watch my 11 & 3 yr old when I could take them to an actual daycare center for less. And the funny thing is, she only watches the kids three days a week! Anyways obviously her boyfriend states the same thing which is really not that surprising.

On a side note my wife and I are both well educated people whether you want to believe it by my past posts. We both have college degrees and good jobs with the government. And I do not appreciate the fact that people on this post would be so brash and condescending towards people who post things. The purpose of this website is to help not put down, and that is why I became so irritated with the first poster. I believe they could’ve said I am unable to understand this maybe you could re write it. Not the condescending comments that where put forward. Please understand I am not trying short this girl, I could pay her the full amount, however I believe that she disrespected my family with the last few weeks events, and she didn’t seem to matter to her when she would put my children at risk. The only reason I came onto this site is because I want help knowing what my rights are, so my questions are as follows.


1. Under the pretense that she is paid $110.00 a week for both children can I only pay her half if she only watched one child?

2. Due to her guest doing what he did she ran out of the apartment and left her items in the house. Upon realizing it she asked this woman to go and get them. She refused stating she would give them too her tomorrow. Due to the fact that she knew where they were. Then the story changed and they couldn’t find the items, I believe she should be responsible for the items due to the incidents and it being here home. Am I right? Why or Why not?
 

Zigner

Senior Member, Non-Attorney
To put it simply - most people would fire an employee who has behaved in this manner.

And, your contract is only worth the paper it's written on.
 

azjonboy

Junior Member
First I will address Zigner-

Thank you for a non condescending response. Now since there is no written contract, does mean that the way that I see it is right? As far as the statement about most people would fire an employee like that. I agree with you and that is why I fired her, I felt bad for her because she had lost her previous job and has a small child. However in the same respect, working in the service industry myself. You should only get paid for what you do. And really especially since I hired her replacement I do not think she did much of anything. For the people who thing I am trying to screw her, I am not. I just feel she should only get what she deserves.

Next I will address Alex23-

Thank you for proving to me that there still are really ill people out there and that my work in the mental Health field will always be plentiful.
 

Zigner

Senior Member, Non-Attorney
First I will address Zigner-

Thank you for a non condescending response. Now since there is no written contract, does mean that the way that I see it is right? As far as the statement about most people would fire an employee like that. I agree with you and that is why I fired her, I felt bad for her because she had lost her previous job and has a small child. However in the same respect, working in the service industry myself. You should only get paid for what you do. And really especially since I hired her replacement I do not think she did much of anything. For the people who thing I am trying to screw her, I am not. I just feel she should only get what she deserves.

Next I will address Alex23-

Thank you for proving to me that there still are really ill people out there and that my work in the mental Health field will always be plentiful.
I don't know if you're in the right or not. Take your written contract to an attorney for a review. Oh yeah, you don't have one...
 

azjonboy

Junior Member
Well thanks for your time anyways sir. I have an appointment with a local attorney tomorrow, to discuss it. Thanks again.
 

JKBee

Member
Everyone isn't an English major and has trouble putting things down on paper, or in this case, computer.

If you really think you are right, take this to small claims court. Every state I know of has one. It costs a filing and serving fee, but if the judge rules for you, this will be charged against the defendant.

However, since this is a used system, you will only get half of what you paid for it awarded to you in court. If you have receipts for its purchase, it will help establish the value.

What it is going to end up being is how well you present your case to the judge and how articulate you end up being in front of the judge. If the judge has any reason to question any part of either of your testimonies, it will usually be awarded to the person with the most credibility.

Then you have the problem of collecting. If you are awarded the judgment, then you have x amount of days for the babysitter to pay you the amount the judge has awarded. Then you can request to have this taken up to a higher court or whatever and you can attach assets to get your money, like a bank account. If you paid her by check, you should have easy access to her bank and account number.

But consider the time off work you will have to take to file and then to attend court. Is this going to cost more than the amount you will receive in an award from a judge. IF you get that decision from the judge.
 

Proserpina

Senior Member
Everyone isn't an English major and has trouble putting things down on paper, or in this case, computer.

If you really think you are right, take this to small claims court. Every state I know of has one. It costs a filing and serving fee, but if the judge rules for you, this will be charged against the defendant.

However, since this is a used system, you will only get half of what you paid for it awarded to you in court. If you have receipts for its purchase, it will help establish the value.

What it is going to end up being is how well you present your case to the judge and how articulate you end up being in front of the judge. If the judge has any reason to question any part of either of your testimonies, it will usually be awarded to the person with the most credibility.

Then you have the problem of collecting. If you are awarded the judgment, then you have x amount of days for the babysitter to pay you the amount the judge has awarded. Then you can request to have this taken up to a higher court or whatever and you can attach assets to get your money, like a bank account. If you paid her by check, you should have easy access to her bank and account number.

But consider the time off work you will have to take to file and then to attend court. Is this going to cost more than the amount you will receive in an award from a judge. IF you get that decision from the judge.
I want to make sure OP (or anyone else really) doesn't think he can, simply because he knows the banking details, go into the account and stake a claim. He needs to get a writ of garnishment (which comes after the judgment) before even thinking about it - judgment alone does not give him permission to attach anything.

OP - fyi. The University of Arizona Rogers College of Law: Begin Researching: Bankruptcy Law Research Guide:Garnishment

(not that this is actually that important; OP really doesn't have a case without that - woefully absent - written contract or anything vaguely able to prove his case...)
 
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JKBee

Member
This is why this forum is so valuable. Someone may have part of the answer, but there are more who can elaborate and make it an accurate forum.
 

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