How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 18363
Experience:  B.A.; M.B.A.; J.D.
16551887
Type Your Employment Law Question Here...
Phillips Esq. is online now
A new question is answered every 9 seconds

A lady helped me 4 years with the condition that she filed

Customer Question

A lady helped me for almost 4 years with the condition that she filed for residency and became legal and pay taxes. Years went by and nothing happened. After 4 years I said okay, we an either go together and i will help you along the way, or you will have to get another job. and I give you a couple more months to find another job. Meanwhile you can help me with the interview process and training new person.She was not happy at all but continued to come. I used pay her in cash for the first 3 years. The fourth year I payed in check because I knew I would need proof records to show to child support the cost for the nanny. Allegedly she claims my ex told her that this whole thing with child support was going go affect her because IRS will see her checks. So she then tells me she only wants cash now that she is leaving this job but she would make sure to provide evince written receipt as well as if child support called she would explain that she gets paid in check but because she is leaving the job soon she asked me to pay in cash.
NOW , I receive a letter from some organization demanding to see records of pay and hours. I feel this isn't right, I am not a business, she was someone who helped me around the house and with the kids. I didn't keep hours of all those years or track of payments. Please advise on what are my options. Thank you.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Phillips Esq. replied 1 year ago.

I am sorry, but I do not understand your post.

Kindly review your post, properly identify the parties, clearly state your issues, ask specific questions, and resubmit.

Thank you for your cooperation,

Customer: replied 1 year ago.
Miriam (Gal from Guatemala who is here illigally) is a lady who helped me around the house and the kids for almost 4 years. One of the conditions to our agreement for her to come help me, was that she filed residency so she can be a legal immigrant and pay taxes like we all do. I'd always ask her about it and she'd say "I'm working on it" ,"It takes time". Years went by and nothing happened. After 4 years I said to her: "okay, we can either go apply for your papers together and I will help you along the way, or you will have to get a job elsewhere. so her response was "I'll be leaving then" so I replied: "Okay, I give you a couple more months to find another job. Meanwhile you can help me with the interview process and training new person." She was not happy at all but continued to come to help me. I used pay her in cash for the first 3 years because she said it would help her because she didn't have an account, and to cash it costed money. The fourth year I payed in check because I was seeing a separation in my near future so I need to start lining my ducks. I would need proof to show to child support the cost for the nanny/help. Allegedly, she said to me, my ex told her that this whole thing with child support was going go affect her because IRS will see her checks and she will get deported. So she then tells me she only wants cash now, that she is leaving this job, but she would make sure to provide evidence, written receipt as well as if child support called she would explain that she gets paid in check but because she is leaving the job in a few days she asked me to pay in cash. Well, she did not comply with the agreement. Child support called her and she said she only gets cash. Which crewed me over tremendously because CSS goes with the verbal testimony despite of the fact I had provided proof for the former months. The result of this: CSS did not include child care fees in the agreement because they cannot go by "cash" payments. That day was her last day here.
NOW , I receive a letter from some organization called "Instituto Laboral de la Raza" demanding to see records of payments, bank records, statements, and hours she worked, etc…
I feel this isn't right, I am not a business, she was someone who helped me around the house and with the kids. I didn't keep hours of all those years or track of all payments. Please advise on what are my options. Thank you.
Expert:  Phillips Esq. replied 1 year ago.

Thank you for the information and for your cooperation.

First and foremost, you have no legal duty to respond to the demand of that organization UNLESS there is a Court Order.

Second, IRS does not deport foreign nationals that are here illegally. That is not within its jurisdiction. Deportation falls under the jurisdiction of U.S. Citizenship and Immigration Services, specifically, U.S. Immigration and Customs Enforcement.

Third, hiring an undocumented worker could lead to stiff penalties for you if you are discovered whether you were paying by check or cash. So, the good thing is that she is no longer in your employment.

At this time, the prudent thing to do is to ignore all requests for information from the organization unless there is a Court Order.

Customer: replied 1 year ago.
Would it be okay for me to send the balance owed to her directly? It's not much. My concern is that she tried to claim I have to pay all the payments I don't have proof for. If I ignore this organization, what are the chances of me having to go to court?
Expert:  Phillips Esq. replied 1 year ago.

You can send her what you think you owe her by check.

As for the organization, I do not know what the chances are of them taking you to Court. However, it would be prudent to have an Attorney review their request if they contact you again and go from there.

Customer: replied 1 year ago.
Can I take her to court for jeopardizing me child support case?
Expert:  Phillips Esq. replied 1 year ago.

You do not want to do that because of what we call in law as unclean hands doctrine. That is, eventhough she is jeopardizing your child support case, you are not blameless in the case. You knowingly hired an undocumented worker and thus deserve what you get. Under the unclean hands doctrine, the Court would not intervene in the case. Basically, the Court would say that both of you deserve each other.