Housecleaner's Daughter Ruined My Daughter's Painting and Messed up My House

You didn't say if the housekeeper actually cleaned what she was suppose to - if she cleaned everything fine then just didn't put the toys away - I think you should pay her. What her daughter did was annoying but in no way beyond comprehension. She dumped toys and added to a painted that was on an easel - I'm guessing the paint was still accessible. Granted - I don't think her daughter should have been there in the first place.

Take it as a lesson learned - don't hire off of Craig's list.

Document what happened in writing (and you may want to send a written explanation to her). You may find it useful if the situation because even more messy.

If your daughter is like mine she makes about a dozen paintings a day any of which are exquisite enough to send to Grandma. Not leaving the toys in their proper place was unprofessional. When someone is unprofessional you don't hire them again - not refuse to pay them for services already performed. And by getting upset about the dots you may be teaching your daughter that other people's work (the dots) detract or are inferior to hers. She could have incorporated them into the art, maybe telling grandma that another little girl liked the art so well she added to it.

I kind of see this: Well-to-do family hires poor, probably single mother to clean their house. When they are dissatisfied they not only don't pay poor mom for her work, but they expect her to pay the fees the bank will charge her for the stopped check. And then people think poor mom doesn't have the resources to sue, so well-to-do family walks away with a cleaner house then they started with and poor mom walks away poorer.

I hope the housekeeper learned two lessons: be more professional and leave the house the way you found it, only cleaner and accept only cash.

You said that the housecleaner's daughter and your's played together for about a 1/2 hour and then you left. Did you leave your daughter with her to watch while she cleaned?

If not, and the girls had been playing in your daughter's room, are you sure things weren't messed up before you left with the girls' play? It's unfortunate that the painting was added to by the housekeeper's daughter, but it was a child's painting and didn't have the sentimental value to her that it did for you. I would have to say that you bear some of the responsibility here. You saw her bring her daughter to work. You know the limitations that a toddler can put on one's ability to get work done while they're undoing your efforts. You should have told her that her services wouldn't be needed as long as she had her daughter with her. I couldn't bring my kids to work, it was a condition of employment set by my employer. You had the choice with some knowledge/experience of what would happen. You should have called her and asked that she not deposit the check, first and foremost. Banks are notorious for adding fees for everything and I can imagine what it cost her, in addition to any overdrafts that she incurred if they credited her account with the deposit and she went grocery shopping, etc. It is unfortunate that this happened, but you should have set the ground rules with your employee and because you didn't, accept the consequences. Have your daughter paint grandma another picture, her first one was 'practice'. Together you can pick up her toys and talk about sharing the fun and the responsibility of playing with others.

With regards to the quality of the housekeeper's work, did you give her a list of things that you needed to have done? Did you have a contract that stipulated these things? She came the first day, you weren't totally enamored with her work, did you tell her so? If not, she may have thought it was good enough. And how much were you paying her? If you thought you were getting a bargain, you may have gotten what you paid for. Sometimes lower wages means low quality. Again, you had an obligation to give her appropriate feedback. If you had no contract except that she come to work for 8 hours over two days to clean your house, then I'm afraid that you'll have to pay her the amount that you agreed to up front, including the bank fees. If you had a check list that you gave her for things to be cleaned/accomplished and provided feedback at the end of her first day, then you may have some recourse. But as far as her daughter being there, you didn't say go home and come back when you don't have your daughter with you. Sorry.

Next time, teach your husband how to pick up after himself so you won't be out the money for a housekeeper, or have him get one before you come home so you won't have to go through this again. If only husband's came fully prepared and capable of caring for themselves and their apts/homes!!!

I agree you are right to stop payment on the check and I'm very glad that you took pictures. What happened also makes me angry. And....the only way that she can sue you is thru small claims court. She will have to pay to file and will lose money if you win.

I've been to small claims court when arborists that I hired to cut down dying trees also cut down the living ones. I refused to pay anything at all. In small claims the referee or judge listene to both sides of the story and decided that it was his word against mine and that he could understand how there could be a mix up. I willingly paid 1/2 the original bill. In effect we compromised. During the hearing I came to believe that 1/2 was fair. I think we shared court costs too but I'm not sure. It was 15 or so years ago.

Small Claims court is informal and usually is presided over by a professional good at reaching agreement. It is nothing at all like small claims on TV! I would not fear going there. But I also agree with other mothers who've said they doubt that she will file. If she has to bring her preschool daughter with her to clean she most likely will not be able to go to the courthouse, file papers, pay fees and then appear when summoned by the court.

If, by chance, you do receive a summons, just go. Don't pay her to keep out of court. Just in case this might happen put in writing now what happened. Describe where your daughter and hers played and what they played with. Take pictures of those areas as they usually appear and/or as they were before you left the house. If you do go to court take someone unrelated to you and if possible not a close friend to attest that the "before" pictures are an accurate portrayal of the usual appearance of these areas. It is better to be prepared and not need the preparation then to wish you had.

If you did not put in writing what you hired her to do, write down a summary of your conversation as you remember it. Be willing to admit that there may be a difference in the two of your's memories. Underline the specific tasks that you know you asked her to do and/or the ones she told you she would do.

List the price that you agreed upon. If the price was the cost per hour, list how many hours the two of you discussed that she would work. Or if you didn't agree upon a length of time state how long, based on your experience, the tasks would reasonably take (without her daughter's presence).

If at all possible make a copy of her ad on Craigs List.

Summarize the quality of her work the day before. Do not be picky. I remember when I had a housekeeper coming in weekly I felt irritated over small things that I would have done if I'd been doing the work. I can't remember what they were but I do remember a couple of years later thinking I was too picky. I didn't complain to anyone at the time either because I knew they weren't important. I just felt irritated. Because of the next day's mess it will be easy to want to criticize everything. Leave the smallish things out. Describe the big picture.

Lawyers are not allowed in small claims court. So don't worry about that part either. You don't need to lose money. The court will not order that you be reimbursed.

I know that she won't be able to sue for such a small amount in any way other than small claims court.

After you've documented everything, you might feel better because you will have done some venting, you'll feel like you have in writing what happened and don't need to go over and over it anymore. When this sort of thing happens to me I reassure myself that this was a relatively small expense and irritation to learn some good lessons. Let me share with you what I've learned over the past 50 years.

First, never hire anyone without getting references especially when you're hiring from a source such as Craig's list or the newspaper. Acutally I wouldn't hire from Craig's list. I don't know of any reliable way to check the honesty of those ads. It sounds like you entrusted her with your home without knowing anything about her. (I am confused about your statement that your husband was home. If so didn't he hear anything and didn't he check on her? If not next time even if you hire from a service ask him to keep an eye on what's happening and have him give the employee the check.

Second, put everything in writing even tho it seems untrusting or petty. List what you expect and what you'll pay and in the case of by the hour jobs include how long you expect it to take to get the job done. Both you and the person you hire signs it. A service has a contract to which they add what they are agreeing to do at what price. You both sign it and they give you a copy. This way you have legal recourse for yourself and the company has their reputation to maintain.

Then I'd recommend not paying until you have seen the results and agree that what was done is what you hired to be done. I know that leaving a check is common business practice but I will only do that if I know the person and the work that they do. I have left a check when I hired from a service because I had signed a contract that helps protect me. The service was also bonded and insured which indicates that they will reimburse me for damage done by their employees.

This seems like a whole lot of work for such a simple job as house cleaning. In reality house cleaning is not easy and many people do not know what a clean house looks like. Letting her daughter play with your daughter's toys was in itself unprofessional if you did not give her permission to do so.

I am assuming that you did not tell her that her daughter could play with your daughter's toys. I'm also aware that I probably would want to be helpful in this situation and tell her it would be OK. If you did give permission your case may be somewhat weaker especially if cleaning those areas was not part of your agreement. If you were kind and said she could, cleaning up her daughter's mess would be expected but I know mothers who do not offer to pick up or help pick up their children's messes when they've visited. Many people are unaware of common courtesies.

This "house cleaner" definately took advantage of you by bringing her daughter and then not doing the work. In addition to that she left your house in worse condition than when she arrived. I would not pay her anything, if I were you.

I also suggest that if this happened because you thought being nice is a part of getting people's help you're now aware that some people will take advantage of your willingness to trust them. Business has to be business. It's sad but true and gets more true with time.

I sometimes still do not ask enough questions and find later that I did this because I feared embarrassment. I didn't want to appear distrustful of this mechanic had worked on my cars for years and everything had been OK. He charged me $3000 for a job that if I'd known the cost I wouldn't have had the work done. I failed to tell him I didn't want to spend more than a certain amount. That was a difficult one for me. It just happened a few years ago.

So be kind to yourself. Don't rerun the situation and be upset about how you wish you'd done it differently. Stand up for yourself. Don't be bullied or frightened into paying her.

And do not ask her to come back and give her a chance to clean your house as it should be cleaned. She has already shown that she cannot be trusted. At first thought it seems like a good thing to do but it is not. She is angry. You are rightfully angry. You have not reason to continue your relationship as you would if she were a friend, relative, or regular employee. Angry people frequently get back by doing more damage. Do you want to set yourself up for the potential of another damaging experience?

I'm a WAHM and have been forced to accept the help of a housekeeper the past 2 years. I have found the following things useful.

1. Always ask for references.
2. If possible, write up a list of the items she is expected to do and don't be afraid to ask her if she has other suggestions. Many times they see things we don't. :) Then come to an agreement about how and when those things should be done.
3. If they bring their child with them, it is important that you specify there are expectations that any mess their child makes is their responsibility and you expect the house to be left clean as that is what they were hired to do. Most people that have brought their children have had extremely polite children that sit quietly or follow their mother around and understand that mom is working. It is quite remarkable because they understand this is different than their home. That said, it sounds like her child was too young and she had not properly trained or supervised her child, therefore her services fell below par. Something to remember and mention when interviewing a housekeeper in the future.
4. Declutter and pick up before they come. Unless you hired them to pick up after yourself, most cleaners will not move or put items away. They do not know where your stuff goes and there is always the fear they will be accused of stealing an item if it goes missing. If you pick up the mess and clutter they will be able to clean everything faster and they will not spend their time moving stuff aside, cleaning and then moving it back. Or dusting or mopping around items. My housekeeper the first few months wouldn't touch certain things. A dime fell on the ground behind a rocker on our wooden floors. I discovered this a few weeks later when I was looking for something else that fell and noticed she had literally cleaned the floor around the dime for weeks as there was a tiny dust ring around it. There was no way she would touch it in fear of me testing her honesty. It was kind of humorous at the time. I picked up the dime and buffed away the dust in that spot so she could clean the floor easier next time.
5. Maintain boundaries. Provide instructions each time they come, keep it professional. You can be kind and friendly and even extremely caring and protective of the person helping you, but remember you are their employer and certain boundaries keep everyone more comfortable. Do not get too friendly as they may relax on their work performance. Do not over-extend invitations for social situations as they may feel obliged rather than invited to attend. And a great housekeeper is hard to find, so be careful about becoming friends with them. They may end up becoming less than great at their job and be more of a friend, but then the friendship will take a toll when it's time to be boss to them or time to let them go and hire someone else to do the job the way you need it!

In your situation now, the damage is already done. Next time check references or use a reputable agency. I wouldn't expect a lawsuit from this lady. The most that will happen is small claims court. Just keep all your documentation and file it away in case she shows up 6 months from now trying to take you to court. Chances are she will be angry, but will just move on and you both will have learned some valuable lessons.

I have read all the post so far and I guess what I think is this.... First of all it sounds as though you did let her daughter into your house and therefore were telling the lady is was ok to have her there. Did you tell her daughter she could play with your daughters toys? Further did you specifically say she could not? I agree I would be very upset with this lady, therefore I would never use her again. Did she have a business license? Though I respect that people try to do side work to earn extra money I would not hire someone who was coming into my house to do work (espically if I am not going to be there) who is not insured and bonded. I think you are going to have to put this in the catagory...Lessons Learned. As for the payment...this again is just what I think...my opinion...
If the lady really did not do the cleaning you expected and agreed from her, and you are willing to go to court to state your case, by all means do not pay her and tell her to go ahead and take you to court. My guess is she will not, but if she does make sure you have everything documented. My guess is that the court will have you pay at least part if not all of the bill, depending on the Judge and what the agreement was. If you feel like you should pay her something, go ahead and send her the 1/2 payment as you said, certified mail so there MUST be a signature. If she takes the check and note stating this is the final payment for the service, she can not sue you and if she tries she will lose. This is probably the way I would go. Again... you will just have to add this to your lifes lessons and avoid the same thing in the future. Think of it this way....it could of been worse, something more could have been ruined. Your daughter and you can have another fun day of painting a new picture for Grandma, and you did have to clean up more but....nothing major was ruined.

If I were in your shoes, I would probably be acting the same way ('cause I like to get even), but I do think a more NOBLE, KIND, and GENEROUS woman would bend over backwards and just PAY THE WOMAN THE MONEY. She probably needs it so much more than you do (she probably only brought her daughter because she had no other options, right?) and this would be a way of YOU taking responsibility for YOUR PART.

YOU LET HER IN -- even though you had misgivings. You should have been assertive when you saw she wanted to work with her daughter. You could have said, "I'm sorry, but I'm not comfortable with this. I don't feel that I can guarantee your child's safety while you are busy working." No matter how much she protested and said it would be fine, you could have just stuck to your guns and said, "I'm sorry, I'm not comfortable with this."

But YOU caved. You allowed to happen something that you knew was not safe or optimal for cleaning.

I think you are probably mad at yourself for going against your better judgment, especially when you left the house -- she could have gotten into your china.

PLUS, if you pay her the money, then the issue will be over and you can move on. You will have the peace of mind of knowing that you were the bigger person. Don't underestimate the value of peace of mind!

I am in the middle of a lawsuit with our neighbors and, while I feel we are completely in the right, it is not worth the expense, time and anguish. Be careful that your goal is not retaliation, but is resolution and figure out a way to get there.

It sounds like you may not have not given her a chance to make it right and I suggest you try that first. I'm not sure where you live, but King County has free mediation services you can go to to come to a resolution and I would guess there are similar resources available in other areas.

Hi There,
sorry for your frustration, but I think you will have to pay.
You see when there is a contract made regardless of the
little girl destroying your daughter's painting,
you see the little girl that put the green dots on
the painting did not mean to do that and it was only a painting, she can make a new one.

Now about the lady not doing the job that was ask and
excepted of her, you did say she did a crappy,crummy job the frist day but you let her come back with a kid the scoud day. Still she did not do the work like I said that was ask and excepted of her.
That might be the thing that saves you.

The real question is do you really want this thing to go to court?
well do you.
Your daughter is going to make you so many painting's and they are all going to be wonderful.
Don't make this a bad thing for her, just give her a kiss
say sorry for what happened and let's make a new and better one for grandma. Your daughter is looking to see how mommy is handling thing's.

So next time you need a house cleaner don't go to Craig's list, you do some home work and ask around, ask someone you trust and know, don't be afraid to tell them NO kids while your cleaning my house.
Well I would take a deep clean breath of air yell while no one is around and pay the crappy house cleaner, oh and let her know that if she really want's to be paid for the crappy job? I will be letting Craig's list know hoe bad you are sending pictures along with my letter.
well that's what I might do,
hope you find a better house cleaner.
you might want to try a maid service that has been around?
Good luck hope all works out for you.

K. - I totally agree with you, I would have done the same thing. Good for you for taking pictures.
Here's one little thing though....You allowed the little girl to stay there. While it is unprofessional, I could just see Judge Judy....
JJ - " You let her daughter into your home and fed her a snack?"
You - " Well, yes your honor, what else was I gonna do"
JJ- " Send her packing!! By letting her stay and feeding her you are allowing her to be there! Your fault!"

See....So, while I think you should have sent her home the day you saw the little girl, You didn't.

Also, was your husband still there!!?? That's what it looked like in your request. He didn't supervise to make sure everything was done properly.

I think you were right, I HIGHLY doubt the woman will sue you, but if she does you have everything documented. I would save any voicemails you get, any emails, and write down days and times you talk with her. If for some reason she does have the hutzpa to take you to small claims, at least you will have pictures and emails.

L.

The fact that you took pictures was super smart of you!!! Most likely, her threat to sue you was just an empty threat. It costs money and hassle to sue you, and I am guessing the amount she is out (2 hours of work) isn't worth it to her. If it did make it to court, she has no chance of winning, so just relax. It sucks that you had to go through it all, but just consider it a lesson learned and move on.

Well, there are a few things, first off all, how did you hire this woman? Did you go through an agency or did you hire her off the street? If an agency was involved, make sure to complain there as well. She should have never brought her child along, unless you had agreed on this beforehand - very unprofessional!

I assume the amount we are talking about is relatively small - so she can take you to small claims court.
If you have everything well documented though it should not be a problem. What I would do, is put everything in writing, enclose a check for the partial payment and have everything delivered by courier or certified mail with a signature required.

She is probably just threatening you, but even if she isn't, don't let her bully you!

Pictures tell it all, so Im not sure what her position would be. "I didn't do my job and my daughter ruined my employers things but I still want to get paid?" NOT.
I wouldnt worry about it. In fact, she should owe you for babysitting her child & feeding her while she was supposed to be cleaning. I hate to say it but she's an idiot. I wonder who else she tried to pull this scam on? Because thats exactly what it is. I hope none of your belongings are missing. So many shaddy characters out there which makes it hard when you try to give someone a job and they want to take advantage. Good Luck

My guess would be she's hardly going to sue you for what would amount to so little. I mean, your cheque was probably far less than what the lawyer would cost her! She's just threatening... It was not all right to leave your house in a mess after you'd hired her to clean up, so feel justified in what you did and never hire her again and go on your merry way. I'll bet you'll never hear from her again.

For what it's worth, I think you were extremely gracious to host her daughter for a while, and it is hard to see how what you present could possibly be justified from her end. Good for you for trying to be understanding about 'things happening' that cause the daughter to accompany the mom to work!!

Hopefully she clues in, accepts the half-pay as a reasonable offer on your part after disappointment, anger, and actual damages, and drops the threat of the lawsuit.

I had a similar experience. Did the two of you sign anything? I had signed a paper that said I would pay $300 for her to wash down all the wood walls in my mom's house before mom moved in (previous tenants smoked). She did a lousy job. I ended up going over them doing them myself. I took pictures of all the rags, the cobwebs before I re-cleaned and the dirty water after I cleaned. She sued me and won. Because I signed a note that said I would pay her x amount of money. The note didn't say it had to be clean. I was not pleased with our judicial system at that point of my life. I am very careful who I hire and I don't sign anything unless I really look, think and pray about it first. I hope you get some satisfaction. I will be praying for you.

I think that what you did was fine, although I would give her an opportunity to come back and clean again, doing the job well. You were nice to let her bring her daughter (I am sure I would have done the same thing), but in hindsight, you probably should have told her that she could come back another day - when she had childcare for her daughter. The daughter is little - she should not have been there - like you said, you don't have time to get things cleaned with your daughter around...and this is a strange house for the cleaner's daughter, who obviously could not have been supervised. As for the picture, I see how it is annoying, but I am sure your daughter will gladly paint another picture.

First of all, there is no way she will sue you. I seriously doubt she will get anywhere if she tries, if she can even afford it.
Second, you can add a post of your own on Craigs list warning people about improper/unprofessional housekeepers. I would suggest next time go through a cleaning company or word of mouth.
That really is a bummer about your daughters art work. If she is anything like my kids, she was devastated try to be cheerful and ask her to make grandma a better picture and make it sound fun.
I hear you about leaving hubby home for a period of time and not wanting to clean his mess!! My other half is the same way!

To be honest she probably will not sue. It cost way to much to sue. Not worth the time or the money. She most likely is using it as a scare tactic. Just make sure to document everything that happened and all the proof that you have just in case she does waste her time suing. She had no right to bring her child to work especially since she could have gotten injured.

If she was listing her services on Craigs list, she can't afford a lawyer. If she brings her kid with her to do the job, she can't afford a lawyer...I wouldn't pay her anything. If she does try anything, than get a lawyer yourself. Keep record of everything.

Was there anything missing from your house. My 1st thought about the messes that were left, were so you wouldn't notice if something was missing/stolen.

It is good you took pictures. You should not pay for a job that was not done, and it sounds like she actually created more work then she did. Hold your ground! Next time I would go through a company like merry maids so you know you will be getting a professional.

I cannot agree more with the post below. I notice that you are a SAHM. I suggest this ever so kindly-maybe you should be cleaning your own home. I am a single mom, full-time student, work two jobs and still clean my own home:)If your husband is such a slob that a two-week trip makes a such a drastic difference, that is the real underlying issue:)

From:
Angela B

Date:
Tue. May. 26, 2009

If your daughter is like mine she makes about a dozen paintings a day any of which are exquisite enough to send to Grandma. Not leaving the toys in their proper place was unprofessional. When someone is unprofessional you don't hire them again - not refuse to pay them for services already performed. And by getting upset about the dots you may be teaching your daughter that other people's work (the dots) detract or are inferior to hers. She could have incorporated them into the art, maybe telling grandma that another little girl liked the art so well she added to it.

I kind of see this: Well-to-do family hires poor, probably single mother to clean their house. When they are dissatisfied they not only don't pay poor mom for her work, but they expect her to pay the fees the bank will charge her for the stopped check. And then people think poor mom doesn't have the resources to sue, so well-to-do family walks away with a cleaner house then they started with and poor mom walks away poorer.

I hope the housekeeper learned two lessons: be more professional and leave the house the way you found it, only cleaner and accept only cash.

WEll, I think you're absolutely correct- is this woman an employee of a service?? --- She had no right whatsoever to bring a child along-- that put YOU in the position of being liable for someones' child ---if a cat or a child or a falling piece of furniture) had hurt her unsupervised child ( I keep repeating that part as no -one CAN both supervise and clean someone else's home - ) ---) and without permission-- PLUS she didn't do what she'd ''''contracted''' to do AND she allowed her unsupervised child to do damage ( even though it was minor damage).

Here's the thing-- I would suggest you discuss the whole issue with your bank ( to see what THEY say about pulling the check) AND perhaps an attorney -- although I suspect you could represent yourself just fine in civil court -which is what the woman would do if she did anything at all ( taking you to small-claims court to ''demand'' that you make good on the check and pay her over-draft fees) I think she'll lose big time - but I'm no atty.

I think you are absolutely correct - 100% -
blessings,
J.
aka - Old Mom

Dear K....
It sounds like a very unfortunate situation. I completely agree that the housekeeper was irresponsible for bringing her child to work, especially without asking your permission first. And for leaving the house messy, and allowing her child to damage your child's artwork.

But it seems to me that although it would be maddening to come home to a house that wasn't cleaned to your standards, and to toys that were strewn about, perhaps you might have been overly hasty in stopping payment on the check? If you weren't satisfied with her work, I think you should have requested that she come back to finish the job. Or, perhaps you should have waited to pay the final payment until you had inspected her work. Since you left her with the payment for the completed job, you basically gave her carte blanche to do finish it however she saw fit. Since you weren't completely happy with her work the first day, and since she brought her child to the job site without clearing it with you, I think that you should have said that she would receive final payment after the work was completed and inspected by you. Then she would have had a better incentive to made sure that she did a good job (since quality control obviously wasn't her strong suit.)

I'm wondering how much money is at stake. Is it enough that it's worth fretting over, and potentially going to small claims court over? Although I do agree with those who thought that it probably wouldn't get that far, imagine the hours you would have to spend dealing with it if it did. If you didn't have time in the first place to do the cleaning, do you have time to spend preparing for and going to court?

It could be that paying her the money due, and including a letter stating exactly why you were not happy with her work, might be the simplest way to resolve the situation. As someone else mentioned, no lasting damage was apparently done (apart from the picture), and you did end up with a house that was somewhat cleaner than before you started, and also received a valuable lesson in hiring help. And perhaps your house cleaner will think twice about the quality of her work, and about bringing her child to work.

I hope you can resolve the situation soon and get some peace of mind... cheers...

Keep the documnetation forever & let her know you have documentation & that it would be a waste of her time to bother you any further, that she should not continue in this line of work becuase you are going to alert Craigslist about her terrible work ethic & the destruction of your property.

I have been to small claims everything Marda P said to do is correct.

It seems to me that you are being reasonable. This may be an important lesson for your housekeeper to learn--she either needs to leave her daughter with another adult or teach her to be respectful of the houses she is in. It is certainly unprofessional to leave one mess while cleaning up another.

She may sue you. Small claims court is not expensive and you do not need a lawyer. In that case, however, you will each tell your side of the story and let the judge decide.

Next time, ask around for recommendations for a house cleaner!

You are right. Let her sue you. I'm assuming it will go to small claims, but regardless if you get served go to a lawyer. OR if you have a lawyer on retainer of have a friend that is a lawyer you can pre-empt and send her a letter defining your case.

In this day and age, a lot of people use suing as a scare tactic so she might not even go through with it.

Good luck!

I think you are totally justified. I wonder if you should send her the 1/2 amount that you offered. I'm not sure, but I think if she cashes the check it might help you legally down the road.

It sounds like she didn't do the agreed upon work, and she sure should have been responsible for any mess/damage her daughter created.

Good luck!

Don't give in. Especially because you are in the right.

Tell her that she is welcome to take you to court. Keep all your communications in writing and make a copy. Watch a couple of Judy Judy episodes, Channel 7 and 4:00. Then see if she is serious or bluffing. You might want to contact a lawyer... but it will cost you a lot of money...

Your reaction to the situation is understandable, rational and warranted. I feel it is unacceptable for their child to be brought to your home. I doubt very much if the house cleaner will actually hire an attorney. If you have an attorney or belong to an organization like PrePaidLegal- you could have a consultation.

Sounds like it was a horrible experience. But frankly, do you really need the hassle of her suing you. Even if you can prove it, sometimes I think it's best to let go of it, and move on. If she didn't steal anything, I'd just let it go. However if there is a way to report the experience to Craigslist that might be an option. I'd pay her and be done with her. Court costs, fees, time to go to court, seems like a hassle. I suppose some would say it's the principle of it all, but I believe what goes around comes around.

I don't know if there is anything else you can do.
It's not appropriate for her to bring her daughter without getting an okay first from the employer and second if it's okay than she is responsible to clean up after her and not let her play with others toys in the first place without asking. She should have brought toys and activities for her child to play with and make sure she could watch her. I know it might be hard to get childcare sometimes, but her child is her responsibility. It's too bad about the check fee charged, but she should have checked to make sure the house was clean before she left it. Hopefully she will learn from that experience, like you probually did for future hires.

be sure that you have everything documented and take it with you when you go to court when she sues good luck Paula

Hi K.,

I would simply wait and see if she sues you and then counter sue...unless you wish to sue first. You paid her for services she did not provide. Her child caused considerable upset and emotional distress as well as damages. You stopped payment on one check and paid her half anyway basically out of kindness. You can report her practices to the Chamber of Commerce or the Better Business Bureau. Just because she is working independently does not give her a right to rip people off of their money for services she never intended to provide. If you were not satisfied with the job she did, you probably should not have paid her at all. However, it was kind of you to do so. You are right that sometimes things happen and things don't work out for either side the right way. I've had problems like that. The problem here is honesty on her part. She needs to own up to what she let her child do.

Make sure that next time (if there is a next time) that you ask for at least one reference. If they cannot give one, ask why. (Sometimes its just you are their first client..it happens.) but other times its because they have already ripped people off and have no good reference to give. I would also instead of responding to ads, put your own up for services wanted so you can be very specific about what you want. At the end of your ad you can put "if you cannot provide the services that I am asking for, please refrain from contacting me". It's not rude..it's sensible. Make sure you meet with them before the job starts. If they are coming into your home you have that right. A face to face interview is very important. It's nice to be trusting but don't let people walk on you...you have to put your foot down especially with your own house and property! Also, in your ad, you might want to say that "while I understand that sometimes childcare is hard to find, please plan to have childcare the day you will work for me". I would mention that you cannot be liable for anything that might happen to the child in your home as well, if they do not inform you that the child is coming as well. This is an insurance/liability issue as well.

Hope this helps a little. I am all to familiar with people that provide part of the service they were hired for and then expect to be paid in full. This is not how the world really works and a reality check usually sends them on their way with their tails tucked firmly in embarrassment because they bothered to pick a fight...the law is on your side because it is your home and you hired someone to come into it. If you had a written contract, she needs to abide by it. Payment for services not provided is not payment for services but more on the extortion line of things. You need to remind her of that if she threatens you with a lawsuit again. Tell her that you will not speak to her any longer unless she contacts you through an attorney. (She expects you to cave..so don't....she wants to sue...tell her lawyer that you are prepared to argue this in court...you have pictures and will provide them as evidence in the event of a lawsuit.)A good note to make is the time stamp on taking the pictures..make sure its accurate.