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Ask Thomas Swartz Your Own Question
Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
Satisfied Customers: 3019
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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I am nanny and started working in April only once a week.

Customer Question

I am nanny and started working in April only once a week. Full time would only started in August. Since April it was very informal and she would drop the baby only once a week for few hours. She mentioned if I would give her invoice and I said yes. She said it could be very informal and simple invoices. Now we started full time (since August 1st) I did the invoice for her. I did since April but very simple using the checks she gave me. She now said she is not going to pay me for the last two weeks I worked for her with I don't give to her a detailed invoice. She wants hourly worked since April . Amount of earnings and hours worked since April. I don't remembered that and never kept that information. She never asked me that before. She told me today and gave me a list how the invoices need to be done. She won't pay me until I give her the invoices . She knows I have a surgery schedule in 3 days and I will need 4 weeks for recovery. I don't have time to do the invoices before surgery. Can she hold my paychecks ? Why she changed her mind last minute in how detailed she wanted that invoices? Now I need to money and she won't pay me if I don't give her the invoices . I already gave her the invoices but she wants more detailed like I mentioned in the beginning of this question. Can you please tell me if she can hold my paycheck?
Thank you
Submitted: 3 months ago.
Category: Legal
Expert:  Thomas Swartz replied 3 months ago.

Hello Customer,

It appears to me that your original agreement with your employer was that you only needed to given her informal invoices. And she was apparently satisfied with this arrangement until August. Since you originally agreed to provide simple invoices, for her to now request more detailed invoices going back in time would be a breach of your agreement. And it would not be an acceptable excuse to withhold your current paychecks. So you would have legitimate grounds to bring her to court for failure to pay your wages as originally agreed. Why did she change her mind? That is hard to say. It is possible that she may want more detailed invoices for tax purposes as child care expenses are in some instances tax deductible. Since you are really pressed for time, and commencing a lawsuit at this point would not be able to get you the money in 3 days, I would just remind your employer that providing detailed invoices was not part of the original agreement.

Thomas