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Nanny legal question (1 Viewer)

Warrior

Footballguy
We've been using a nanny to watch our son (in home) throughout the week. Thankfully, we've been doing everything over the table and by the book, filing taxes, etc. We pay hourly, each week via check. This is in Virginia.

Rewind back to the end of last year: on the way into work, she was in a car accident. Her car was totaled and she said it was the other driver's fault. She called my wife, who picked her up at the accident after her car was towed away and took her to the hospital at her request (she said she was fine, but wanted to go just in case). For the next few weeks, we texted back and forth and she was unable to work because she said she had been injured. She said she needed to rehab, etc. but the appointments kept getting pushed back. No idea if she was really hurt, but I'll assume that she was.

Anyways, long story short, after a couple weeks of waiting to see if she could return and check-ins by text, we couldn't wait any longer and let her know we would need to find someone else to watch our son (my wife and I had been taking weeks of PTO to watch him ourselves in a pinch). She understood and we left things on good terms (this was all over text).

I just received a questionnaire in the mail from her attorney asking me, her employer, for a number of details, like dates of employment, pay rate, etc. Most of it can be found in her pay stubs I provided her each week. It also asks about how many days she missed from work since the date of the accident, if her pay rate changed after, etc. This seems a little odd since she never came back to work after the accident. I'm naturally hesitant to sign any documentation or provide additional details in case they are looking for information to use against me for some reason. But I also want to help the nanny in case she's just gathering details to use in a case against the insurance company of the driver that hit her (for lost wages, medical care, etc.).

Any thoughts on whether I should provide this information to the attorney and send it back to their office, or if that could be a bad idea? I can't think of any reason or way in which this could be used against me, but I'm a bit hesitant to provide information to someone's attorney when I'm not certain how the information will be used. Like I mentioned, everything we've done has been over the table and the date before the accident was the last date she came into work (her accident was the next morning on the drive in, but not during working hours, etc.) and that's the last we've seen of her in person.
 
We've been using a nanny to watch our son (in home) throughout the week. Thankfully, we've been doing everything over the table and by the book, filing taxes, etc. We pay hourly, each week via check. This is in Virginia.

Rewind back to the end of last year: on the way into work, she was in a car accident. Her car was totaled and she said it was the other driver's fault. She called my wife, who picked her up at the accident after her car was towed away and took her to the hospital at her request (she said she was fine, but wanted to go just in case). For the next few weeks, we texted back and forth and she was unable to work because she said she had been injured. She said she needed to rehab, etc. but the appointments kept getting pushed back. No idea if she was really hurt, but I'll assume that she was.

Anyways, long story short, after a couple weeks of waiting to see if she could return and check-ins by text, we couldn't wait any longer and let her know we would need to find someone else to watch our son (my wife and I had been taking weeks of PTO to watch him ourselves in a pinch). She understood and we left things on good terms (this was all over text).

I just received a questionnaire in the mail from her attorney asking me, her employer, for a number of details, like dates of employment, pay rate, etc. Most of it can be found in her pay stubs I provided her each week. It also asks about how many days she missed from work since the date of the accident, if her pay rate changed after, etc. This seems a little odd since she never came back to work after the accident. I'm naturally hesitant to sign any documentation or provide additional details in case they are looking for information to use against me for some reason. But I also want to help the nanny in case she's just gathering details to use in a case against the insurance company of the driver that hit her (for lost wages, medical care, etc.).

Any thoughts on whether I should provide this information to the attorney and send it back to their office, or if that could be a bad idea? I can't think of any reason or way in which this could be used against me, but I'm a bit hesitant to provide information to someone's attorney when I'm not certain how the information will be used. Like I mentioned, everything we've done has been over the table and the date before the accident was the last date she came into work (her accident was the next morning on the drive in, but not during working hours, etc.) and that's the last we've seen of her in person.

Almost certainly the attorney is compiling data for her auto insurance settlement, which would include lost wages.
 
As a general rule, I never, ever, relay information about an employee or ex employee to a third party without their written consent. Probably worth a call to her.
Agree with Nick. Get her consent in writing to release information to the attorney or insurance company.
 
Yeah. I'm not sure what to do but I would definitely ask her.

My SiL owed some bills and moved to a different state, and we had a collector call our house posing as an attorney saying they were looking for SiL. My wife was like she doesn't live here. never has, as she starts talking more I just tell her hang up the phone hang up the phone.

She does quickly and is confused. I told her if that guy is really an attorney they'll find her but I'm pretty sure that was a collector looking for info where to find her. I tell my wife just call your sister.

Now sure my SiL was a deadbeat but I wasn't getting dragged into anything lol
 
Any thoughts on whether I should provide this information to the attorney and send it back to their office

Call the attorneys office and say you received the questionnaire and need some more information before you feel comfortable filling it out? It's most likely gathering information so she can sue for lost wages in her motor vehicle personal injury claim. Then text the Nanny and get permission to provide.

It's possible (and likely) there's already a signed release by her in the packet authorizing you to release the information.
 
Thanks guys! If the nanny is fine with it (in writing), any reason to worry about providing information to the attorney? I'm probably being paranoid but first worry that came to mind would be that they could be trying to claim that she was injured on the job (on the drive in to work on a workday) or that I'm on the hook for something during the time between the accident and giving her official notice that we were going to find someone else. I don't think that could be the case, but I was hesitant to provide anything in writing to her attorney just in case. Just being paranoid? Maybe I could just fill in the absolute basics and leave anything else blank...it just seems a little odd that they need the same information I've already given to her through details & signed pay stubs.
 
Thanks guys! If the nanny is fine with it (in writing), any reason to worry about providing information to the attorney? I'm probably being paranoid but first worry that came to mind would be that they could be trying to claim that she was injured on the job (on the drive in to work on a workday) or that I'm on the hook for something during the time between the accident and giving her official notice that we were going to find someone else. I don't think that could be the case, but I was hesitant to provide anything in writing to her attorney just in case. Just being paranoid? Maybe I could just fill in the absolute basics and leave anything else blank...it just seems a little odd that they need the same information I've already given to her through details & signed pay stubs.
i dont think a lawyer would call you if she was suing you...... but I could be way wrong lol
 
How many hours did she work for you each week? Enough to be considered a full time employee? You said everything was above the table, but did that include benefits if she was essentially full time?
 
How many hours did she work for you each week? Enough to be considered a full time employee? You said everything was above the table, but did that include benefits if she was essentially full time?

32 hours/week. We gave her a bit of PTO and a few sick days, but I was under the impression that these were just a bonus that others may not have been offering rather than a requirement. In not aware of any required benefits in VA. I've been withholding taxes for her, paying my portion, etc. and all that though.
 
How many hours did she work for you each week? Enough to be considered a full time employee? You said everything was above the table, but did that include benefits if she was essentially full time?

32 hours/week. We gave her a bit of PTO and a few sick days, but I was under the impression that these were just a bonus that others may not have been offering rather than a requirement. In not aware of any required benefits in VA. I've been withholding taxes for her, paying my portion, etc. and all that though.
I have never employed anyone, so I do not know much. I was just trying to kick around thoughts of what an attorney could possibly be after from you if not just info for claim against other party in accident. I know the feds mandate certain benefits like Health Insurance and FMLA when there are 50 or more employees, but not sure about other things like worker's comp, unemployment insurance, social security, etc... Not sure what applies to a single employee.
 
I have never employed anyone, so I do not know much. I was just trying to kick around thoughts of what an attorney could possibly be after from you if not just info for claim against other party in accident. I know the feds mandate certain benefits like Health Insurance and FMLA when there are 50 or more employees, but not sure about other things like worker's comp, unemployment insurance, social security, etc... Not sure what applies to a single employee.
The bolded is the first thing I thought of in regards to affecting the employer. Not sure if this is applicable or not.
 
I have never employed anyone, so I do not know much. I was just trying to kick around thoughts of what an attorney could possibly be after from you if not just info for claim against other party in accident. I know the feds mandate certain benefits like Health Insurance and FMLA when there are 50 or more employees, but not sure about other things like worker's comp, unemployment insurance, social security, etc... Not sure what applies to a single employee.
The bolded is the first thing I thought of in regards to affecting the employer. Not sure if this is applicable or not.
This might vary by state but it's not required by an employer here to pay into those benefits
 
Thanks guys! If the nanny is fine with it (in writing), any reason to worry about providing information to the attorney? I'm probably being paranoid but first worry that came to mind would be that they could be trying to claim that she was injured on the job (on the drive in to work on a workday) or that I'm on the hook for something during the time between the accident and giving her official notice that we were going to find someone else. I don't think that could be the case, but I was hesitant to provide anything in writing to her attorney just in case. Just being paranoid? Maybe I could just fill in the absolute basics and leave anything else blank...it just seems a little odd that they need the same information I've already given to her through details & signed pay stubs.
Driving to your normal work place before starting work is not considered "on the job" for OSHA purposes. Not saying that they aren't trying to say otherwise, but you should be pretty well protected - of course IANAL so confirm independently.
 
Thanks guys! If the nanny is fine with it (in writing), any reason to worry about providing information to the attorney? I'm probably being paranoid but first worry that came to mind would be that they could be trying to claim that she was injured on the job (on the drive in to work on a workday) or that I'm on the hook for something during the time between the accident and giving her official notice that we were going to find someone else. I don't think that could be the case, but I was hesitant to provide anything in writing to her attorney just in case. Just being paranoid? Maybe I could just fill in the absolute basics and leave anything else blank...it just seems a little odd that they need the same information I've already given to her through details & signed pay stubs.
Driving to your normal work place before starting work is not considered "on the job" for OSHA purposes. Not saying that they aren't trying to say otherwise, but you should be pretty well protected - of course IANAL so confirm independently.
You what now?
 
Thanks guys! If the nanny is fine with it (in writing), any reason to worry about providing information to the attorney? I'm probably being paranoid but first worry that came to mind would be that they could be trying to claim that she was injured on the job (on the drive in to work on a workday) or that I'm on the hook for something during the time between the accident and giving her official notice that we were going to find someone else. I don't think that could be the case, but I was hesitant to provide anything in writing to her attorney just in case. Just being paranoid? Maybe I could just fill in the absolute basics and leave anything else blank...it just seems a little odd that they need the same information I've already given to her through details & signed pay stubs.
Driving to your normal work place before starting work is not considered "on the job" for OSHA purposes. Not saying that they aren't trying to say otherwise, but you should be pretty well protected - of course IANAL so confirm independently.
You what now?
my first thought, too. God, I am a 13-year-old in an old, fat man's body
 
Yeah. I'm not sure what to do but I would definitely ask her.

My SiL owed some bills and moved to a different state, and we had a collector call our house posing as an attorney saying they were looking for SiL. My wife was like she doesn't live here. never has, as she starts talking more I just tell her hang up the phone hang up the phone.

She does quickly and is confused. I told her if that guy is really an attorney they'll find her but I'm pretty sure that was a collector looking for info where to find her. I tell my wife just call your sister.

Now sure my SiL was a deadbeat but I wasn't getting dragged into anything lol

I go one step further and just never answer my phone or open mail or look at email from anyone I don’t know. Served me well for a while now.
 
Thanks guys! If the nanny is fine with it (in writing), any reason to worry about providing information to the attorney? I'm probably being paranoid but first worry that came to mind would be that they could be trying to claim that she was injured on the job (on the drive in to work on a workday) or that I'm on the hook for something during the time between the accident and giving her official notice that we were going to find someone else. I don't think that could be the case, but I was hesitant to provide anything in writing to her attorney just in case. Just being paranoid? Maybe I could just fill in the absolute basics and leave anything else blank...it just seems a little odd that they need the same information I've already given to her through details & signed pay stubs.
Driving to your normal work place before starting work is not considered "on the job" for OSHA purposes. Not saying that they aren't trying to say otherwise, but you should be pretty well protected - of course IANAL so confirm independently.
You what now?

In case you are partially serious - I am not a lawyer.
 
Yeah. I'm not sure what to do but I would definitely ask her.

My SiL owed some bills and moved to a different state, and we had a collector call our house posing as an attorney saying they were looking for SiL. My wife was like she doesn't live here. never has, as she starts talking more I just tell her hang up the phone hang up the phone.

She does quickly and is confused. I told her if that guy is really an attorney they'll find her but I'm pretty sure that was a collector looking for info where to find her. I tell my wife just call your sister.

Now sure my SiL was a deadbeat but I wasn't getting dragged into anything lol

I go one step further and just never answer my phone or open mail or look at email from anyone I don’t know. Served me well for a while now.
Yeah me too but this was a long time ago.
 

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