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  • #41
    Re: I need help....

    If she continually calls you isn't that called harassment? Keep a running record of these calls, let her leave messages on your voicemail or with your family and that way you have a record of what she says, when she calls, and how often.

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    • #42
      Re: I need help....

      Right now, while it is still fresh in your mind, write/type everything you remember about this 'job' and what's happened since. Whether or not she verbally said that you could use the AmEx for anything at all, whether or not she firmly indicated you were expected to repay any charges, whether she felt that your card purchases were part of your salary, etc. Every single detail, including whether at any point you felt threatened or coerced during her employment.

      Clearly you were threatened and coerced when you signed that agreement. Remember that any contract signed under duress is usually not binding; in fact she broke the law by holding your personal items and forcing you to sign.

      Legally, she is the one responsible for the AmEx bill. She added you as an authorized user and in so doing, she agreed to pay for any charges made by you.

      She is probably not going to pursue this, because she would have to admit she was employing you illegally. But be sure and talk to legal aid and anyone else you can.

      You made a mistake, and you learned from it. It could have been much, much worse. You're young and inexperienced (something in your favor if there is legal action) and you'll get through this. Keep us posted, ok?

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      • #43
        Re: I need help....

        Originally posted by hyperlitehunny View Post
        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.
        Sadly its too late for this, but you should have called the police and met them at her house. They would get your laptop back.

        I would not pay her anything at this time. Don't communicate with her anymore. She is not permitted to threaten you. Wait until she files a claim with a court. The dollar amount is small so it will have to be a small claims court. no lawyers are allowd, you show up and tell your side of the story. The judge decides what is right, or who is BS'ing who and makes a decision. Its not that big of a deal. (sorry, it probably feels like a big deal to you - I understand that, I mean it will work out how it should. A lot of times these big talkers are just that, all hot air, no steam. she probably wont even file a claim)

        So far, you got your stuff. tell the judge you signed the letter because she was threating you. Typically those guys are pretty smart. Havn't you seen Judge Judy?
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        • #44
          Re: I need help....

          My non-legal advice. Go to the police immediately. She has on first glance broken laws herself. Tell the Whole story including her stealing your belongings and extorting your signature on a bogus document to get your property back. Mention her financial scam operation where she gives you a credit card with instructions to use it - and then later bills you to use it. File a complaint with the IRS claiming that withholding was not taken from your wages. (you can bet she didn't report your work so your claim isn't fraudulent). Courts and the IRS do not believe that in-home child care is an "Independent Contractor" arrangerment. It is Work for Hire and she is under obligation to report your income and pay withholding. Include any bank statements that show regular deposits from her account to yours.

          Get legal advice, because this has the potential to escalate beyond a small claims. Find legal help instead of posting here. I'm serious. She may have money - but the IRS is on your side.

          Did I mention you should find legal help?





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          • #45
            Re: I need help....

            Originally posted by CMHusband View Post
            Sadly its too late for this, but you should have called the police and met them at her house. They would get your laptop back.

            I would not pay her anything at this time. Don't communicate with her anymore. She is not permitted to threaten you. Wait until she files a claim with a court. The dollar amount is small so it will have to be a small claims court. no lawyers are allowd, you show up and tell your side of the story. The judge decides what is right, or who is BS'ing who and makes a decision. Its not that big of a deal. (sorry, it probably feels like a big deal to you - I understand that, I mean it will work out how it should. A lot of times these big talkers are just that, all hot air, no steam. she probably wont even file a claim)

            So far, you got your stuff. tell the judge you signed the letter because she was threating you. Typically those guys are pretty smart. Havn't you seen Judge Judy?
            Never seen an episode of Judge Judy in my life. LOL I don't watch TV too often.

            ~Lianna~

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            • #46
              Re: I need help....

              And this is why it's best to just follow the laws and not take payments under the table.
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              • #47
                Re: I need help....

                So did you get ahold of anyone at the legal aid office?

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                • #48
                  Re: I need help....

                  ^^I was just wondering the same thing!

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                  • #49
                    Re: I need help....

                    Isn't that letter considered blackmail? Exboss lady is threatening to turn her into the police unless she's paid.



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                    • #50
                      Re: I need help....

                      What a shady woman. I don't have a problem with her paying you under the table, that's the same as babysitting. All nannies that I know get paid this way. But it looks like she was out to get you from the start, and seeing where you would mess up so she could get something out of it. How sick. Some people thrive on this. I know you can't erase time, but I would have used that card strictly for yours and her daughters outings together only and nothing personal for yourself. How were you to know that this stupid lady would turn it all around on you someday? Ughhh that's so infuriating. I wish you the best of luck and I hope that this works out in your favor!

                      EDIT: I'd also like to add that this woman keeping your personal possessions from you until you signed some paper is unlawful and she had absolutely no authority to do that. She could get in a lot of trouble for that.


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                      • #51
                        Re: I need help....

                        Hi everyone, happy new year!

                        I did, in fact, speak to a lawyer. My mom's friend had recommended his lawyer friend to my mom for me to get in contact.

                        My former employer I guess is having a police report filed, and the police have contacted me and said that I have to call them back so they can get my side of the story.

                        I've told this to the lawyer, and she said not to call them back. So I didn't do that. I just ignored the voicemail and hope that they don't call me back.

                        The lawyer said that what she did, holding my personal belongings and making me sign a contract, was illegal. She said that this makes the contract invalid. The lawyer said that I should get in contact with her, state that I will only pay the $1700 (I don't know the amount in full off the top of my head) and send her a spreadsheet with these said charges. Since I don't have a job, I will have to come up with a payment plan for her. I will also not be paying her interest because the lawyer said that in order to collect monies with interest, we have to have a valid document. That, we do not have.

                        So that's all for now. I'm going to send her that email and spreadsheet and see what happens.

                        I thank all of you for all the support!

                        ~Lianna~

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                        • #52
                          Re: I need help....

                          Thanks for the update. That seems to be a wise course of action. Again, best of luck to you.

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                          • #53
                            Re: I need help....

                            yes, I hope everything works out. That woman sounds horrible.



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                            • #54
                              Re: I need help....

                              I've sent her a spreadsheet with this email:

                              "I will not be paying you the amount of $3552.57.

                              What you did was completely illegal. Holding my personal belongings in order for me to sign the contract makes it invalid.

                              I will only pay you $1755.10, as that is what I believe are my personal charges. I will not pay back interest, as there is no valid document stating to do so. Seeing as though I do not have a job, I will come up with a payment plan in order to pay you back.

                              Lianna"

                              Simple, pretty blunt. But that summed up what the lawyer said.

                              (The job hunt is actually going good, so far I have two interviews lined up! Yay! hehe)
                              Last edited by hyperlitehunny; 01-07-2010, 11:36 AM.

                              ~Lianna~

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                              • #55
                                Re: I need help....

                                please, continue to let us know how this all turns out. I REALLY hope this lady gets over herself.



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                                • #56
                                  Re: I need help....

                                  Originally posted by hyperlitehunny View Post
                                  I've sent her a spreadsheet with this email:

                                  "I will not be paying you the amount of $3552.57.

                                  What you did was completely illegal. Holding my personal belongings in order for me to sign the contract makes it invalid.

                                  I will only pay you $1755.10, as that is what I believe are my personal charges. I will not pay back interest, as there is no valid document stating to do so. Seeing as though I do not have a job, I will come up with a payment plan in order to pay you back.

                                  Lianna "

                                  Simple, pretty blunt. But that summed up what the lawyer said.

                                  (The job hunt is actually going good, so far I have two interviews lined up! Yay! hehe)
                                  That sounds good. I hope she really gains some common sense between now that then.

                                  By the way, you might want to edit your last name out on here, just for personal safety reasons.
                                  "Go confidently in the direction of your dreams! Live the life you've imagined." -Henry David Thoreau

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                                  • #57
                                    Re: I need help....

                                    Originally posted by PretzelSouls View Post
                                    That sounds good. I hope she really gains some common sense between now that then.

                                    By the way, you might want to edit your last name out on here, just for personal safety reasons.
                                    Thanks! I did just that! [=

                                    To be honest, I was quite scared when I got the voicemail from the police. But the lawyer (attorney? i'm not sure which is the proper term to use...) said that they're just out to scare me.

                                    I guess I was also scared that because she (ex-employer) had money, that meant she also had power. (I have that association with rich people... If they have money, they have power) The lawyer calmed my feelings down when she said, "Just cause she has money doesn't mean she has power."

                                    Let's see where this goes. I will post if she emails me!

                                    ~Lianna~

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                                    • #58
                                      Re: I need help....

                                      Glad to hear you got to speak with a lawyer. Good luck with your interviews! I'll keep my fingers crossed for you.

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                                      • #59
                                        Re: I need help....

                                        lawyer/attorney = same thing

                                        Either word is appropriate.

                                        If "Cruella" tries to harass you more, tell her that she will have to speak to your attorney. That ought to shut her up if she knows you're not going to be bullied. And that's what this woman is... a big, mean bully. Bullies use fear/intimidation to get what they want. Let her know you're not taking this laying down.

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                                        • #60
                                          Re: I need help....

                                          So far, no email.

                                          I'm surprised because I know she links her email to her blackberry, but maybe she's just finding another way to attack me. lol

                                          Will keep you all posted!

                                          ~Lianna~

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