I need help....

[hyperlitehunny]

I was put as an Authorized User on my former boss' American Express card. I did not have to sign anything and she just gave me the card with my name on it.

Specifically, she said to use the card for outings with her daughter and if I needed anything. She also said that if, at any time, her daughter and I went out, she would pay for the BOTH of us. (I was a nanny and she paid me under the table.)

I quit in early November, and at the end of that week in November, she told me she looked over the last two statements of the AmEx card, and said she expects me to pay her the $3000+ that was charged. I looked over my statements and highlighted what was charged for my personal use only. That total came out to about $1700, not as much as the $3000+ she wants me to pay back. (All other charges were charges that I made with/for her daughter, as she has verbally told me I was allowed to do.)

At the time of this meeting, she made me sign an agreement to pay back that money of $3000+. She was holding some of my personal belongings (my laptop and other stuff that was mine) and would not give them back until I signed the agreement.

Signing the agreement was probably the worse thing to do on my part, but if I didn't sign she wouldn't have given me my laptop and other personal belongings back.

I know I owe her money but I know that I also do not owe her that big of an amount. She plans to take this to court and to the police and make this all into legal matters; what are my options? Or what can I do?

I've been told to send her a certified letter stating that I will only pay the $1700. I've also been told that what she did was blackmail (making me sign something in order to get my stuff back.). To be honest, I'm confused and not sure what to do.

Any help would be greatly appreciated.

[Evil Step-Mom]

Re: I need help....

Well you could always tell her that you will turn her in for paying you under the table. But most important you shouldn't have signed that paper. Is there a lawyer in your family?

[MsKaren]

Re: I need help....

Did you get a copy of what you signed?

[hyperlitehunny]

Re: I need help....

I know I shouldn't have signed it but it was the only way to get my personal belongings.

I do have a copy of what I've signed.

I do not have a lawyer in my family but have been asking my friends if they knew anyone who can help with my situation.

Someone said I'm basically screwed since I signed the paper; but I didn't want to sign it, I had to since she was taking my stuff.

[DisneyIPresume]

Re: I need help....

Your former boss sounds like a g** d*** crook.

[hyperlitehunny]

Re: I need help....

Your former boss sounds like a g** d*** crook.

What she told me was that "karma is a b****," and was waiting on me to sign the paper. I was not leaving her house without my laptop and other belongings.

I guess I should also note that I was a live-in, paid under-the-table nanny.

To be honest, I'm scared that she will ruin me in court; she works for some big company and all, and she has money that I don't. I've told my mom and I have yet to tell my dad.

I'm just scared of the entire situation. I'm just looking for advice and support.

I've already admitted to myself that what I did was stupid, and I should have never taken the job.

[aimster]

Re: I need help....

I'd look into legal action. There has to be an agency around where you are that offers free or low cost legal services. Do some research. Though you signed that paper (even though you were forced), you might be in a tough spot.

[7.17.55]

Re: I need help....

I would think that your former boss would be in more trouble for paying you under the table, than you would be for signing an unofficial document under duress.
*disclaimer* I'm not a lawyer. *disclaimer*

[hyperlitehunny]

Re: I need help....

I've been asking friends for help, and seeing if they know lawyers or anything. I've been sent links to various websites and stuff.

The total amount that I do owe her is $1755.10. That's from the first day I got the American Express card. All the other charges on the card were made for or with her child, as she allowed me to do so.

I agree that I am probably screwed because I signed the paper.

Wouldn't I still be in trouble also due to the being paid under the table? We have no written contract or anything in regards to how I was being paid. She flat out paid me $250+mileage/week.

The legal aid office here in San Jose is unfortunately closed for the entire week and they won't open up until next Monday.

[aashee]

Re: I need help....

I would think that your former boss would be in more trouble for paying you under the table, than you would be for signing an unofficial document under duress.
*disclaimer* I'm not a lawyer. *disclaimer*

Correct on both counts. Duress is real and quite often would void the signature however, the cost to get a lawyer to fight against paying the $3000 might cost more than that. But the fear that the boss threw on you could easily be thrown back by a threat of contacting the department of labor over under the table wages. Either way you could both be screwed but I'd let the captain sink with the ship and report them.

Offer to pay what you owe because it's been brought to your attention that the way you were paid was illegal. Hell say you've contacted a lawyer, you've both broken enough laws now it doesn't really matter. Yeah, karma is a bitch.

[DisneyIPresume]

Re: I need help....

I'd think because this is under $5000 that this is a small claims case and you can file this yourself in small claims court. You don't have to have a lawyer present. But then you are at the mercy of a judge.

I'll be looking for you on Judge Judy!

[hyperlitehunny]

Re: I need help....

Correct on both counts. Duress is real and quite often would void the signature however, the cost to get a lawyer to fight against paying the $3000 might cost more than that. But the fear that the boss threw on you could easily be thrown back by a threat of contacting the department of labor over under the table wages. Either way you could both be screwed but I'd let the captain sink with the ship and report them.

Offer to pay what you owe because it's been brought to your attention that the way you were paid was illegal. Hell say you've contacted a lawyer, you've both broken enough laws now it doesn't really matter. Yeah, karma is a bitch.

So I should call the department of labor in regards to me being paid under the table, correct? I'm sorry if I misread your posting. I just want to set my mind clear. heh

I know for a fact that I don't owe the $3000 amount that is written on the paper. I went through all the charges and I knew what was mine for personal use and what was used for her kid. Most of the charges were for her kid, and as I mentioned earlier, I only owe less than $2000.

[hyperlitehunny]

Re: I need help....

I'd think because this is under $5000 that this is a small claims case and you can file this yourself in small claims court. You don't have to have a lawyer present. But then you are at the mercy of a judge.

I'll be looking for you on Judge Judy!

I think she is going to be the one to sue me in court for not paying back. I already gave her $200 because I *know* that I owe her money just not the entire amount that she came up with in her spreadsheet.

(Sorry for the double post, I posted one response and didn't see the previous. lol)

Does being an authorized user become invalid now because of the signed paper? Someone was telling me that as an AU, I don't have to pay the debt. But isn't that only if the bank is coming after me? I think in this case it is account holder versus authorized user.

I'm so confused.

[aimster]

Re: I need help....

If you can wait until next Monday, stall your former boss and then contact the legal aid office as soon as they open next Monday. If your former boss starts being huffy, just tell them you'll not discuss the matter with her further until you've consulted with your attorney. That out to shut her up for a little while at least.

[miapoepia]

Re: I need help....

Oh crap! I have a nanny (not live in) and I pay taxes on her salary. She can get into BIG trouble for not doing so. I think you have the upper hand. She sounds horrible to work for. Next time go through an agency so you will be protected, most likely get more $$ per hour and hopefully better quality of people to work for. I'm so sorry you have to go through this. If she does take you to court, it will be in small claims, no lawyers-just you against her. Hopefully she will calm down and let you make payments on the $1700 you owe her. Also I would make sure the Amex account doesn't have your information. My sister was an authorized user on mine(years ago) and it came up in her credit report when she was buying a house. It listed my debt as hers. I had to get a letter from Amex for her explaining the situation.

[hyperlitehunny]

Re: I need help....

If you can wait until next Monday, stall your former boss and then contact the legal aid office as soon as they open next Monday. If your former boss starts being huffy, just tell them you'll not discuss the matter with her further until you've consulted with your attorney. That out to shut her up for a little while at least.

I will try.

In the mean time I have to have my head chewed off by my dad. I know he's going to be very disappointed in me. My first regret ever is taking this job. I would have never known I'd have to pay everything back...

She's probably going to claim that she fired me, when I in fact quit. I verbally, face-to-face told her that I quit before she could try and fire me.

Why would she fire me? I guess it depends on how you look at it.

A little backstory... She went out of town from a Sunday to Monday with her boyfriend because it was her boyfriend's birthday. She said I had to spend the night with her daughter (I was a live-in nanny) and that the next day, Monday, her assistant would take her daughter out since I had school and the daughter didn't. What I didn't know was that I had to get her daughter ready for the assistant when she came. I thought that the assistant was going to be there early and get her ready. Basically all the mom (my boss) told me was that "You don't have to watch her, cause my assistant will get her."

She got mad because I didn't get her daughter ready and the assistant had to do it. Later that night, she confronted me about it and I just said I quit. She is probably going to claim that she'd fired me.

Later that week, she contacts me and then tells me I have to pay everything back, and this is where I'm at right now.

I was supposed to pay her $500 by 11/13. I could only afford to pay $200. I haven't kept contact with her because I've been trying to find a job to be able to pay off this 'debt' and now this is where I'm at. She has threatened to bring it to lawyers and police. (Not sure what police have to do with it?) But yea... I guess this brings us up to speed.

[hyperlitehunny]

Re: I need help....

Oh crap! I have a nanny (not live in) and I pay taxes on her salary. She can get into BIG trouble for not doing so. I think you have the upper hand. She sounds horrible to work for. Next time go through an agency so you will be protected, most likely get more $$ per hour and hopefully better quality of people to work for. I'm so sorry you have to go through this. If she does take you to court, it will be in small claims, no lawyers-just you against her. Hopefully she will calm down and let you make payments on the $1700 you owe her. Also I would make sure the Amex account doesn't have your information. My sister was an authorized user on mine(years ago) and it came up in her credit report when she was buying a house. It listed my debt as hers. I had to get a letter from Amex for her explaining the situation.

She expects the full amount ($3000, whatever it was) asap. How am I going to fight that? I know that I owe $1700, and not $3000 but because it's on paper, that's what she wants. She is also charging me interest....

[aashee]

Re: I need help....

She expects the full amount ($3000, whatever it was) asap. How am I going to fight that? I know that I owe $1700, and not $3000 but because it's on paper, that's what she wants. She is also charging me interest....

It's time to get legal advice. If she's hitting this hard trying to get every nickel out of you it's worth it to get out of having to pay if possible.

[hyperlitehunny]

Re: I need help....

It's time to get legal advice. If she's hitting this hard trying to get every nickel out of you it's worth it to get out of having to pay if possible.

I've been trying to contact as many people as I can, so far I'm just waiting for responses.

What about the paper I've signed? That's probably going to be used against me.

I do have witnesses who were there and watched me sign the paper against my will. They knew she was holding my stuff, and they knew I didn't want to sign it but had to in order to get my personal belongings back.

She also said this is considered theft?

This whole situation is just bonkers. heh

Now with the whole being 'paid under the table' situation. I think we're both screwed.

[aashee]

Re: I need help....

She's sent me an email stating that she will take it to the lawyers and police.

I've been trying to contact as many people as I can, so far I'm just waiting for responses.

What about the paper I've signed? That's probably going to be used against me.

I do have witnesses who were there and watched me sign the paper against my will. They knew she was holding my stuff, and they knew I didn't want to sign it but had to in order to get my personal belongings back.

She also said this is considered theft?

This whole situation is just bonkers. heh

Be grateful you learned this lesson early. Be careful with your trust.