babysitter quits next day after we gave her 2 weeks notice

[Just Blue]

can you answer my question? if not, just don't answer anything.
We are losing more money if my wife has to take days off.

To answer your question:

You gave the nanny 2 weeks notice. She was able to find other employment within a few days. She took that job so that she would not have a gap without employment. Good for her.

All days she worked, you LEGALLY MUST pay her.

 

[CSO286]

Please read my post carefully - we have no contract, no taxes, nothing, just was paying cash.

You cannot deny her the wages she earned.

Doesn't matter what your justification is.

 

[Just Blue]

you make me laugh now... what an idiot you are

OhioGal is a site vetted Attorney.

 

[RRevak]

And one more time (in case OP didn't get it)....NO CONTRACT means she is under NO obligation to stay the remaining 2 weeks. If you wanted to be sure there were no overlaps in time between her leaving and you no longer needing her services, then you should have put her time with you in writing with a clear start and finish date. No start finish date means she is free to leave whenever she feels like it. But you still have to pay her for the time she worked for you. Poor planning on your part does NOT constitute as a financial shortfall on hers.

 

[cbg]

You MUST pay her for all the time she actually worked. You do not need to pay her for any time she did not work, and you do not need to pay her for any unworked notice time. You would be in violation of both state and Federal law if you failed to pay her for ANY time that she actually did work, regardless of how inconvenienced you were. She could sue you and she would win.

Is that answer clear enough?

 

[Zigner]

You would be in violation of both state and Federal law if you failed to pay her for ANY time that she actually did work, regardless of how inconvenienced you were.

Considering the flagrant violation of the employment laws, I really don't think it matters to the OP.

 

[swalsh411]

This guy is either a troll or a terrible human being.

 

[davew128]

You want do deny her a week of pay that she worked? You have been taking out taxes right? You would be liable for those wages. You owe her the money for the time worked.

Ok, what makes you think these are wages? While the sitter is entitled to what she earned, a lot of sitters are independent contractors.

 

[Zigner]

Ok, what makes you think these are wages? While the sitter is entitled to what she earned, a lot of sitters are independent contractors.

OP made no mention of this being an IC. In fact, OP took great pains to explain that there is NO contract.

http://www.irs.gov/taxtopics/tc756.html

 

[tranquility]

Ok, what makes you think these are wages? While the sitter is entitled to what she earned, a lot of sitters are independent contractors.

Um...

Please read my post carefully - we have no contract,

We told yesterday on Wednesday our babysitter that in two weeks we no longer need her services

told her that we hope she would not quit on us before expiration of these 2 weeks,

my wife now has to take days off from her job to sit with our baby before departure.

Let's see, the payer of money says there is no contract, it seems like the sitter works only for him, that sitter can be fired (without penalty), that sitter can quit (without penalty)....so what are the factors you're using here? Sure, a sitter who sits intermittently for many parents (or one, but intermittently), takes more than one family in as a business, has contracts where they can suffer a loss or a gain and can't really be fired--might be an independent contractor. Here? I'm thinking employee. In fact, I am uncertain of any of the 20 factors that would lead to thinking an IC here other than the OP probably did not provide much training. (While recognizing the 20 factors is a guide and the real tests have to do with the amount of control and the like.)

 

[davew128]

OP made no mention of this being an IC. In fact, OP took great pains to explain that there is NO contract.

http://www.irs.gov/taxtopics/tc756.html

Many contractors providing services don't have contracts. Not having a written contract doesn't indicate anything.