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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17248
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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My daughter was babysitting for a couple. She is 23 years old.

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My daughter was babysitting for a couple. She is 23 years old. She is owed one day of work; it is only around $40. The women accused my daughter of sleeping with her husband. She absolutely did not do this and is devastated. The husband is saying he did not but will not do anything to prevent his wife from harassing my daughter. This women calls and texts her quite a bit not letting this go. My daughter has an account with care.com to get babysitting jobs. This women left her a bad review when my daughter took excellent care of their son. My daughter has not only not been paid but she is now dealing with this woman harassing her and had made it where on one else will hire her. We have all tried to talk to her and she is convinced this happened even though all the evidence shows it did not. My husband said he feels kind of sorry for her being she has to have some sort of mental issue.
What are my daughters legal rights as far as her getting paid, a bad review to prevent her from getting any more work, and the harassment?

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

This is an unfortunate situation,

wallstreetfighter :

Your daughter can do the following, sue the family for defamation, and the fees owed to her through small claims court, by doing this, a Court would order the negative review to be removed, and she would able to receive her money,

wallstreetfighter :

the costs for a small claims court case are minimal, and can be asked for in her suit.

wallstreetfighter :

In terms of the harassment, she may be able to obtain an order of protection from criminal court as this is harassment and potentially criminal action

wallstreetfighter :

She would be able to sue for maximum damage for the defamation as well,

wallstreetfighter :

In FL the small claims maximum is $5000

wallstreetfighter :

and she should consider suing them for that amount, as the defamation may have hurt her obtain future positions, and defamed her in public

Customer:

I have heard sueing for defamation is hard to prove. What are the chances of her winning this?

wallstreetfighter :

Under Florida law, the elements of a defamation claim are:



  1. the defendant published a false statement;

  2. about the plaintiff;

  3. to a third party; and

  4. the falsity of the statement caused injury to the plaintiff.

wallstreetfighter :

If she can prove that she did not sleep with her husband, and that the mother posted the negative review online, so other can see it,

Customer:

Well she did do this.

wallstreetfighter :

a defamation case would not be too difficult,

wallstreetfighter :

Also, they may settle with her as well,

Customer:

Okay

wallstreetfighter :

She can also sue for the harassment she faces as well

wallstreetfighter :

If you have any further questions please do not hesitate to ask.

Customer:

Okay great. Thank you very much for the legal information.

wallstreetfighter and 3 other Employment Law Specialists are ready to help you