My employers withheld almost $7,000 salary from me.....can I take action?

[gypsyjack]

Hello--

I'm new to these boards and hope that someone can answer a few questions or point me in the right directions to get answers.

In Sept of 2008, I accepted a nanny position working for a family in Italy. The mom was American, the dad was Italian. (I'm American.) I was there for a total of almost six months, but put in my notice after four months because it wasn't working out. I stayed an additional seven weeks after putting in my notice, in order to let them hire and transition another nanny. After I got home to the USA, my last paycheck--which was supposed to be transferred into my bank account--never arrived. After several days, I received an e-mail from the mother than they didn't intend to pay me. The total they owed me was $6,780 USA$.

At the time, I felt there was absolutely nothing I could do about this, since they were in Italy and I was in the USA. In addition, this family also lives part of the year in Nigeria and at the time they withheld my pay, left immediately for Nigeria for several months. There was no way I'd be able to track them down there or take legal action.

However, since all this happened, I've been told that they've bought a house in the USA. It's been suggested to me that since they now own property in the USA, I could take them to small claims court in that jurisdiction.

Is it feasible to take them to small claims court and attempt to get my money back? What would be involved in doing that? And have I waited too long to take action? My last paycheck should have been at the end of Feb 2009, so almost a year ago now.

There are other details to the situation, but that's the gist of it. I'll start with that information and can elaborate if anyone answers this post.

 

[Proserpina]

You were misinformed - jurisdiction remains where the family have their primary residence.

 

[gypsyjack]

Thanks for reply and further question

How do you define primary residence? This family splits their time between Italy, Nigeria, the USA, and travels internationally between stays at their various homes.

 

[Proserpina]

How do you define primary residence? This family splits their time between Italy, Nigeria, the USA, and travels internationally between stays at their various homes.

What's the address on their drivers' license?

Where is their mail sent?

Where do they vote?

Where do their children primarily go to school?

 

[gypsyjack]

I'd like to bump this topic up and include more recent events that may make a difference regarding the legal issues.

In the past few months, I've found out that the family that refused my final pay also withheld the last several thousand dollars of salary from the nanny (Aus/UK citizenship) who followed me at the position. The next nanny (NZ citizen) stayed only a month and when she left, the family refused to return her passport to her, forcing her to travel to the NZ Embassy in Rome to get emergency travel papers. All that happened last fall. In March of this year, an American nanny went to the family's USA residence in Utah for a trial period and was only there a week before being kicked out on the street at night, in the middle of a Utah winter, with no where to go. Luckily, she was able to contact her placement agency who made arrangements for her to stay in a hotel and fly back home the next day. But she was never paid for her week trial as agreed to by signed contract. Another young woman who temped for the family for a few days last summer was never paid for her work, an amount of $500.

I find it hard to believe that after everything this family has done to several nannies all around the world, there is nothing that can be done in a court of law to hold them responsible for their actions. The few of us nannies who are in touch are seriously considering legal action, but are unsure how best to go about it and don't want to be cheated by an unscrupulous lawyer.

Does anyone have any advice about what crimes the family could be charged with, and how to go about seeking legal action considering all the different nationalities involved?