<prompt> Human: Im a student and to make some extra money outside of internships I aux paire babysit for a successful couple. The agreed upon amount is 1500 a month. I was written the check but then the father asked me not to cash it for a couple of days and to let him know when. I think, OK. No biggie. Its my first month working for them and I dont want to step on any toes or make to many demands. About 1 12 weeks ago the father made some unwanted advances. But Im firm set my foot and make it clear its unacceptable. Then on saturday, after I put the youngest to sleep the father begins to be once again inappropriate. I tell him off and let his wife know immediately what happens. He looses it. Calling me a dirty n, that I cant be trusted, and it was actually me coming on too him. His wife takes his side and they fire me. Then they tell me theyre going to cancel the check that they wrote me. Its one thing if they wrote me the check in advance. But Id already spent a month bonding with their three adorable children who are nothing like their parents. Id already given them my time staying 2-3 hours late with no complaint The way they treated me is humiliating and devastating. I feel incredibly cheated and wronged. I dont want anymore or any less. Just what is due to me. How do I go about making sure this happens? Ive tried appealing to them. And now they refuse to take my call or answer my emails. The worst part is its so close to christmas, they ruined the holidays for me and I really cant believe this is happening to me. I keep thinking why did you tell the wife? why didnt I say screw you and cash the check sooner or wait until Monday? I lied I dont just want what Im owed I want revenge also.Assistant: So, it looks like I going to have to take them to small claims court. Ive never done that before. It seems like a huge hassle. It was under the table work. They wrote me a personal check. Will I still have a case because of this?Human: It would only be under the table if you had been paid and no one made the appropriate tax filings and payments. Not only have you yet to be paid which causes the tax event, if you are paid before the end of the year, you still have time before you need to make any tax filings or payments. You have no under the table issue. Also, you are not an independent contractor. There is virtually no possibility any parent in their right mind would hire an in home child caregiver au pairnannybabysitter under terms that would satisfy the test for employee vs independent contractor. This is why you occasionally see appointees for high office getting in trouble when it turns out they failed to pay nanny taxes. It is a well worn legal path and you were an employee.That said, as a household employee in a household which presumably has only one employee, you fall into an exception from the employers requirements to do withholding. They are within their rights to pay you a lump sum and make you responsible for your own income tax and FICA payments. They are still responsible for the employer half of FICA and unemployment insurance premiums, though.So, they may have issues with the state for not paying unemployment insurance premiums they probably dont need to deal with the Federal unemployment until they file their 1040 and making associated filings, but thats entirely their issue, not yours. Their obligations for FICA arent ripe yet, so until they pass the deadlines in 2015 they havent violated anything there.I would definitely contact the state department of labor. I would start a proceeding in small claims court for your pay. I would contact the IRS and the SSA and alert them that your employer is refusing to make the required contributions to social security on your behalf.Ive managed to employ several nannies over the years and I somehow avoided being inappropriate with any of them. Screw these people. I also never screwed with their pay. Even with the one nanny we let go because it wasnt working out I was happy to cooperate with the state to make sure she got the unemployment benefits she was qualified to get. Assistant: Thanks. Im heading over to rlegaladvice with help on going to small claims court. I wish you were my client.  <response>: You have 3 options for small claims. As a student, your University almost certainly has legal services that are free, go to them and they can direct you to resources you need. Second, for a student making 1500 a month, you will certainly qualify for advice at a legal aid office. These are everywhere. Look one up and set up an appointment. If you dont want to do this stuff, just go to the court and file yourself.. Small claims is informal, but try to talk to an actual lawyer first. Also, if you have been working unpaid extra hours this should be pursued in addition to the cancelled check. 