Legal Question in Family Law in New York

family nanny

I have been a live in nanny for my sisters children for 12 years--the last 2 1/2 have been unpaid as a favor to her financial strain. She is divorcing and her husband (contesting) is threatening to kick me out because I don't pay rent. I still care for the children for her. Do I have any legal rights? Can i sue for past wages, harrassment?


Asked on 7/15/08, 8:07 am

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: family nanny

You may not be removed from the property unless your employer commences a summary proceeding. If for the past 12 years you were paid a salary, and you agreed to wait for payment because of the employer's financial problems, I do not see a reason why you cannot now seek payment for past wages due. In terms of harrassment, unless the abuse was sexual there is no cause of action.

Mike.

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Answered on 7/15/08, 8:22 am


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