Legal Question in Employment Law in Pennsylvania

Is a verbal agreement binding?

I responded to an ad for a nanny position and was hired by a family to provide childcare. They needed someone to come to there home and provide care for their 2 children while they were away. The dates they needed care were from 1/21-2/5/2006. The agreement was that I was to stay in their home for that time and care for their home and children. I would be compensated $2000 for my time and would also be provided with catastrophic insurance. While they were gone, their mother was staying at the house also. It was agreed that I would be able to have some ''free time'' as long as the mother was okay. The mother payed me $700 with the balance to be paid when the parents returned. When the parents returned they paid me $400. They said that that was all that they felt comfortable paying me because I had taken some time to myself. I have nothing in writing of our agreement. Is this considered a binding contract or am I out the rest of the money they owe me ($900)? I really appreciate any advice you can offer.


Asked on 2/10/06, 6:14 am

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Is a verbal agreement binding?

As a general rule agreements for employment longer than 6 months must be in writing to be enforceable. Also, agreements for goods worth more than $500 must be in writing to be enforceable. Since you provided a service and it was for less than 6 months you should be able to enforce your agreement.

The agreement seems to have had no stipulation as to the actual time required other than from date to date. What times you came and went aren't subject to question unless there was a time clock or an otherwise unimpeachable record.

It seems to me you have three options: 1) accept the pay and walk away with the lesson learned, 2) sue in small claims court to obtain the money due you, 3) have an attorney follow up this matter. It will probably only take a letter from an attorney to shake lose the rest of the money.

I would be happy to pursue this or any other legal matter for you. Please contact me at [email protected].

Regard,

Roger Traversa

Arjont.com

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Answered on 2/10/06, 11:58 am


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