Fired from off the books job do to race?
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Fired from off the books job do to race?
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My sister began a job as a nanny off the books two and a half weeks ago. Now, in order to take this job, she had to quit a job with a lot of potential, and base her college courses around when she would be nannying.
She, and the woman she worked for had a verbal agreement, that my sister would work for her for five days a week, for the next year. This past Friday, the woman came home, and told my sister that she could work for her for one more week, and then she was fired. But that's not the only issue here. The woman told my sister that she was no longer going to be able to work for her because she is white. She said that she wants someone of a different ethnicity so she is able to exploit them.
Can she do that? I had to take a course on New York State Safety, Rules and Regulations in the Workplace, and I remember the man who taught it told us that just because you're off the books, doesn't mean you lose your rights.
So. Does she have the right to take action? She has bills to pay, and no job to pay for them. She's working on getting one, but that's going to take time. I know that verbal agreements are binding in New York State, but is that case in her situation?
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michr
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she was not an "employee" she was a "casual worker".
there is nothing illegal about being paid to work in someones home, as such most labor laws do not apply but if the income is not claimed that is a tax code violation by the worker(your sister) not the person who is paying them.
what you recall about rights had nothing to do with working as a casual worker, "off the books" is in regard to "legal status" for employment. working off the books involves working for a business not an individual as a casual worker.
"at-will" employment (no contract) means the employee may quit or the employer may fire at any time for any reason or no reason.
(the exceptions being illegal activity such as discrimination or retaliation) so if she was an employee(which she was not) she could be fired but then there might be a discrimination question.
i find it hard to believe that anyone who had a desire to be able to "exploit" a casual worker would be stupid enough to say so and even if they did the action would not be a violation since there is no employment involved.
you can allow or not allow (hire or not hire for casual work) whoever you want, in your own home, for what ever reasons you want. |
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Expert Realtor
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Ok...I am fully prepared to call your sister a liar.
No one told her that, and even if they did, working off the books is illegal in the USA...they call that tax evasion, and the court system is not going to reward her for participating in an illegal activity.
Go ahead and sue, but she'll have to get her former employer to admit that is why she fired her....and that isn't going to happen. |
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Sally
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No contract and she can be fired because the woman did not like her smile for a particular day.
Now, can she prove the conversation took place and that the woman actually said what sis says she did? In court it is he said she said.
She could cause problems with the IRS if this woman hires someone else "off the books" but she doesn't exactly have clean hands either, now does she? |
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jones
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you legally can't fired someone because of their race. that is discrimination and she can sue her for that |
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