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  #1  
Old 11-11-2008, 01:14 PM
thunderbolt thunderbolt is offline
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Default Urgent, personal situation- please advice (non-immigration).

Hello guys,
Sorry for this non-immigration related post. We have this sudden, tragic situation that I wanted all of your advice on. Thank you for your time in reading this long post.

We had hired an Indian nanny in NJ who, we learnt after hiring her, is here on a tourist visa. We were paying her $350 per week cash, which is the standard rate around here for nannies (incl. citizens and people on GC). We had liked her when we met her in response to an ad on Sulekha, and we thought an Indian nanny would be good for our first child. She has been with us for about 3 months, and we were intermittently not getting a good feeling with her for some reason. We finally bought a small security camera and installed it yesterday. On the very first day with the camera, we came home and saw the recorded video to find that she is violently hitting the baby on two separate occasions. Needless to say, it has shocked, angered and extremely saddened us. I showed the video to a couple of friends and even they say it is unbearable to watch. This was just the first day of recording and it pains us tremendously to think what all may have happened previously.
She is of course not going to stay with the baby alone anymore, but I want to know what legal options I have to penalize her to the fullest extent, so that she does not do this to anybody else’s small babies. She it seems had come here last year and taken care of someone else’s baby in Hoboken, and I can imagine that their baby also went through this. (This woman and her husband are a ~ 35 year old couple, who have a multiple entry ten year tourist visa; both come here for 6 months every year and work odd jobs like this. They apparently got a (unsponsored) tourist visa after showing a lot of landed property in India).
I specifically want to know if I will have potential problems if I go to law enforcement about this- regarding have employed her (both of us are on H1B visas). I know we have made mistakes and should have done better due diligence in this, and there cannot be any more punishment for us than seeing our 8 month old – who cannot tell us about it when we come home- being beaten on the tapes. We saw this yesterday and have not told her yet. We want to weigh all options before we proceed, but from today onwards one of us is home all the time till Friday. Any advice or opinion is sincerely appreciated. Thanks for reading this long post. And, to all who are thinking of nannies or have one, please learn from our mistakes and closely monitor your child’s safety every day.
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  #2  
Old 11-11-2008, 01:31 PM
reddymjm reddymjm is offline
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Default I think should be fine

You asked for a legal person to respond to your ad and you do not have resources to verify. You can say if she was legal to work and she said yes.
They can not work here on a B1 visa. You should report and give the vedio to Law-enforcement.
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  #3  
Old 11-11-2008, 01:35 PM
gcdreamer05 gcdreamer05 is offline
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Very sorry to know about the nanny situation. I would not recommend taking any legal action on that nanny because you are not supposed to hire her in the first place. So if you do complain about her, it is going to back fire on you, saying how did you hire her in the first place.

It is really horrible how a person can have heart to beat a small baby. Also she is not supposed to work on a tourist visa, if someone complains she can be deported.

I would suggest the following, just terminate her asap and try to use some local nanny who has proper papers to work. (since any way you are paying the same amount).

If you had hired someone who had proper papers, and if they had committed this , i am very sure you can take them up legally and make sure they do not do this again to someone else. But in this case it is a bit complex as you too may get in to trouble for hiring her.
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  #4  
Old 11-11-2008, 01:35 PM
niklshah niklshah is offline
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just get rid of her, as per my thinking u cant do anything because u have done illegal thing in first place by hiring her...

Last edited by niklshah; 11-11-2008 at 01:38 PM.
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  #5  
Old 11-11-2008, 01:38 PM
newbie2020 newbie2020 is offline
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Default

First of all hiring someone on tourist visa was illegal, You had not thought about the safety of your child while doing it and without proper background check or reference checks hiring someone for nanny or anything like that involving children can be risky. There are instances of abuse which certainly will go un noticed.

From a legal perspective, Did u have a written contract for nanny, even if you sue the person you might not be able to recover anything and hiring an illegal may land you in trouble.
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  #6  
Old 11-11-2008, 01:40 PM
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Default

I am too sure you can get away with it. You are at fault for the below reason.

1) Employing a person without checking their immigration status is an offense.
2) It can come back and haunt you as you helped her in tax evasion. Employer by law MUST report to IRS for any compensation paid.
3) Since the lady is going down, she might take you along with her...What will you do if the lady tells the cops that "she told you that she cannot work here legally and you told her that it is OK and I will pay you in cash"... It becomes a story of she said and he said. They have enough proof of you not legally employing her.


Ignorace of a law is NOT an excuse.


I might be totally wrong on this.. Check with a attorney.
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  #7  
Old 11-11-2008, 01:42 PM
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Default Very serious

You cannot expect to report the crime/video to the cops without any repercussions for yourself. It is a federal felony to hire a foreigner without employment authorization (even if the person is not an illegal immigrant) - this means, if you are convicted, you can end up in prison, lose your property, pay fines and of course you will be deported. If you have been paying them and did not disclose this to the IRS, both you and they are liable for tax fraud, in addition. This is very serious. You should hire a lawyer if you want to deal with them legally.
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  #8  
Old 11-11-2008, 02:05 PM
insbaby insbaby is offline
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Default Find an exit!!

Now, instead of getting her into trouble you have to get yourself out of trouble first.

Find a cool way to send her out.

You will be in trouble anytime in future if she proves that you have employed her illegally in the past.

Going a bit tough here, sorry for that.

1. You both are in H1B (assuming you must know laws behind H1B)
2. Able to find someone inexpensive who can take care of your valuable baby
3. Powerful knowledge in technology to setup a secret camera to capture what she does the whole day
4. Collect all evidences and planning to penalize her

But you are not aware of the simple fact that it is illegal to hire and pay someone without notifying appropriate government agencies.

Anytime in future, if she is caught(chances are more as she is clearly not aware of the laws here and how serious is beating a child, if not in your place some other place), expect query from INS/IRS. This is a different country.
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Last edited by insbaby; 11-11-2008 at 02:10 PM.
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  #9  
Old 11-11-2008, 02:23 PM
sounakc sounakc is offline
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Default dont go to the cops

control your anger. dont go to the cops. just get rid of that person ASAP. you will be equally in trouble for employing illegally. as on B1 visa they are not supposed to work.

sounak

Quote:
Originally Posted by thunderbolt View Post
Hello guys,
Sorry for this non-immigration related post. We have this sudden, tragic situation that I wanted all of your advice on. Thank you for your time in reading this long post.

We had hired an Indian nanny in NJ who, we learnt after hiring her, is here on a tourist visa. We were paying her $350 per week cash, which is the standard rate around here for nannies (incl. citizens and people on GC). We had liked her when we met her in response to an ad on Sulekha, and we thought an Indian nanny would be good for our first child. She has been with us for about 3 months, and we were intermittently not getting a good feeling with her for some reason. We finally bought a small security camera and installed it yesterday. On the very first day with the camera, we came home and saw the recorded video to find that she is violently hitting the baby on two separate occasions. Needless to say, it has shocked, angered and extremely saddened us. I showed the video to a couple of friends and even they say it is unbearable to watch. This was just the first day of recording and it pains us tremendously to think what all may have happened previously.
She is of course not going to stay with the baby alone anymore, but I want to know what legal options I have to penalize her to the fullest extent, so that she does not do this to anybody else’s small babies. She it seems had come here last year and taken care of someone else’s baby in Hoboken, and I can imagine that their baby also went through this. (This woman and her husband are a ~ 35 year old couple, who have a multiple entry ten year tourist visa; both come here for 6 months every year and work odd jobs like this. They apparently got a (unsponsored) tourist visa after showing a lot of landed property in India).
I specifically want to know if I will have potential problems if I go to law enforcement about this- regarding have employed her (both of us are on H1B visas). I know we have made mistakes and should have done better due diligence in this, and there cannot be any more punishment for us than seeing our 8 month old – who cannot tell us about it when we come home- being beaten on the tapes. We saw this yesterday and have not told her yet. We want to weigh all options before we proceed, but from today onwards one of us is home all the time till Friday. Any advice or opinion is sincerely appreciated. Thanks for reading this long post. And, to all who are thinking of nannies or have one, please learn from our mistakes and closely monitor your child’s safety every day.
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  #10  
Old 11-11-2008, 02:43 PM
hpandey hpandey is offline
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Default Contact a lawyer and the cops

I know a lot of people have advised you not to go to the cops but I feel ( I have a young son ) that you should not let anyone who beat your 8 month old kid go unpunished.

I am not a lawyer but from what I have seen about this country justice is not denied . Local cops and Immigration are two separate branches of government . ( ICE enforces immigration issues )

If anyone had beaten my son then my H1b or GC or citizenship would be the last thing on my mind. My opinion - take advise from the lawyer right away.

You have made some mistakes by not checking for the nanny's references and other things but would you let her go scot free just so that she can do it to someone else's kid and maybe cause permanent harm the next time ??
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  #11  
Old 11-11-2008, 02:47 PM
soni7007 soni7007 is offline
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Default

I would suggest two things:

1) Fire her and let her know the reason. If possible show her the video, that will definitely scare and embarrass her. You cannot undo what she did to your child but that will teach her a lesson and hopefully prevent her from doing that to another child.

2) I would highly recommend sending your child to a reputed daycare. Ofcourse your child will not get personal attention like home, but that ensures the safety of the child. There are other benefits of a daycare like - social interactions, personality development, fixed routines, curriculums, and above all they are trained professionals.
Give it a thought.

Good luck.


Quote:
Originally Posted by thunderbolt View Post
Hello guys,
Sorry for this non-immigration related post. We have this sudden, tragic situation that I wanted all of your advice on. Thank you for your time in reading this long post.

We had hired an Indian nanny in NJ who, we learnt after hiring her, is here on a tourist visa. We were paying her $350 per week cash, which is the standard rate around here for nannies (incl. citizens and people on GC). We had liked her when we met her in response to an ad on Sulekha, and we thought an Indian nanny would be good for our first child. She has been with us for about 3 months, and we were intermittently not getting a good feeling with her for some reason. We finally bought a small security camera and installed it yesterday. On the very first day with the camera, we came home and saw the recorded video to find that she is violently hitting the baby on two separate occasions. Needless to say, it has shocked, angered and extremely saddened us. I showed the video to a couple of friends and even they say it is unbearable to watch. This was just the first day of recording and it pains us tremendously to think what all may have happened previously.
She is of course not going to stay with the baby alone anymore, but I want to know what legal options I have to penalize her to the fullest extent, so that she does not do this to anybody else’s small babies. She it seems had come here last year and taken care of someone else’s baby in Hoboken, and I can imagine that their baby also went through this. (This woman and her husband are a ~ 35 year old couple, who have a multiple entry ten year tourist visa; both come here for 6 months every year and work odd jobs like this. They apparently got a (unsponsored) tourist visa after showing a lot of landed property in India).
I specifically want to know if I will have potential problems if I go to law enforcement about this- regarding have employed her (both of us are on H1B visas). I know we have made mistakes and should have done better due diligence in this, and there cannot be any more punishment for us than seeing our 8 month old – who cannot tell us about it when we come home- being beaten on the tapes. We saw this yesterday and have not told her yet. We want to weigh all options before we proceed, but from today onwards one of us is home all the time till Friday. Any advice or opinion is sincerely appreciated. Thanks for reading this long post. And, to all who are thinking of nannies or have one, please learn from our mistakes and closely monitor your child’s safety every day.
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  #12  
Old 11-11-2008, 03:06 PM
sac-r-ten sac-r-ten is offline
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Default create awareness

Since many gurus are of the opinion of not going the legal way, here is what i think is the best.
1. try to create awareness of her wrong-doing on social sites. Put the video, (if you like) on the sites.
2. Put a comment on the sulekha ad itself for this nanny (i dont know if you can do this).
3. Put comments on City search site. citysearch.com
4. Scare that woman away saying that you have found out that she is hitting the baby and you can complain to the cops.

this way we can make sure nobody else is hiring her as nanny.
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  #13  
Old 11-11-2008, 03:07 PM
redgreen redgreen is offline
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Default

The most interesting part of the story is that this person (thunderbolt) is still keeping her as a nanny (if the story is true)!
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Old 11-11-2008, 03:14 PM
ameryki ameryki is offline
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Default

Quote:
Originally Posted by thunderbolt View Post
Hello guys,
Sorry for this non-immigration related post. We have this sudden, tragic situation that I wanted all of your advice on. Thank you for your time in reading this long post.

We had hired an Indian nanny in NJ who, we learnt after hiring her, is here on a tourist visa. We were paying her $350 per week cash, which is the standard rate around here for nannies (incl. citizens and people on GC). We had liked her when we met her in response to an ad on Sulekha, and we thought an Indian nanny would be good for our first child. She has been with us for about 3 months, and we were intermittently not getting a good feeling with her for some reason. We finally bought a small security camera and installed it yesterday. On the very first day with the camera, we came home and saw the recorded video to find that she is violently hitting the baby on two separate occasions. Needless to say, it has shocked, angered and extremely saddened us. I showed the video to a couple of friends and even they say it is unbearable to watch. This was just the first day of recording and it pains us tremendously to think what all may have happened previously.
She is of course not going to stay with the baby alone anymore, but I want to know what legal options I have to penalize her to the fullest extent, so that she does not do this to anybody else’s small babies. She it seems had come here last year and taken care of someone else’s baby in Hoboken, and I can imagine that their baby also went through this. (This woman and her husband are a ~ 35 year old couple, who have a multiple entry ten year tourist visa; both come here for 6 months every year and work odd jobs like this. They apparently got a (unsponsored) tourist visa after showing a lot of landed property in India).
I specifically want to know if I will have potential problems if I go to law enforcement about this- regarding have employed her (both of us are on H1B visas). I know we have made mistakes and should have done better due diligence in this, and there cannot be any more punishment for us than seeing our 8 month old – who cannot tell us about it when we come home- being beaten on the tapes. We saw this yesterday and have not told her yet. We want to weigh all options before we proceed, but from today onwards one of us is home all the time till Friday. Any advice or opinion is sincerely appreciated. Thanks for reading this long post. And, to all who are thinking of nannies or have one, please learn from our mistakes and closely monitor your child’s safety every day.
As a parent of a 6 month old I can imagine what you are feeling. At the sametime given the circumstances I would not recommend you considering any legal action. Given the fact that you are aware that she is illegally working and that you were paying her cash weekly etc will only create trouble for you. I realize its hard for you to let this go considering its your own little baby but in the long run it will help you and your family. Kick the lady out of the house and tell her if you ever see her around your neighborhood you will have her arrested for assault.
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  #15  
Old 11-11-2008, 03:21 PM
alias alias is offline
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Angry Just report it to the cops

I have a one year old; I went through nanny shopping and finally decided to keep our baby in the daycare. I would tell you on top of my voice - go to the cops immediately, this is simply unacceptable. I can't imagine how someone can hit a 8 months old. I can't imagine how someone can hit a 8 months old. I'm sitting here, my hand is shaking with anger. If I were you, i would not worry anything about her status, you saw an advertisement and you hired, you can argue that if it comes to that. Point here is screw her up so bad so she doesn't think of doing it again.....

Quote:
Originally Posted by thunderbolt View Post
Hello guys,
Sorry for this non-immigration related post. We have this sudden, tragic situation that I wanted all of your advice on. Thank you for your time in reading this long post.

We had hired an Indian nanny in NJ who, we learnt after hiring her, is here on a tourist visa. We were paying her $350 per week cash, which is the standard rate around here for nannies (incl. citizens and people on GC). We had liked her when we met her in response to an ad on Sulekha, and we thought an Indian nanny would be good for our first child. She has been with us for about 3 months, and we were intermittently not getting a good feeling with her for some reason. We finally bought a small security camera and installed it yesterday. On the very first day with the camera, we came home and saw the recorded video to find that she is violently hitting the baby on two separate occasions. Needless to say, it has shocked, angered and extremely saddened us. I showed the video to a couple of friends and even they say it is unbearable to watch. This was just the first day of recording and it pains us tremendously to think what all may have happened previously.
She is of course not going to stay with the baby alone anymore, but I want to know what legal options I have to penalize her to the fullest extent, so that she does not do this to anybody else’s small babies. She it seems had come here last year and taken care of someone else’s baby in Hoboken, and I can imagine that their baby also went through this. (This woman and her husband are a ~ 35 year old couple, who have a multiple entry ten year tourist visa; both come here for 6 months every year and work odd jobs like this. They apparently got a (unsponsored) tourist visa after showing a lot of landed property in India).
I specifically want to know if I will have potential problems if I go to law enforcement about this- regarding have employed her (both of us are on H1B visas). I know we have made mistakes and should have done better due diligence in this, and there cannot be any more punishment for us than seeing our 8 month old – who cannot tell us about it when we come home- being beaten on the tapes. We saw this yesterday and have not told her yet. We want to weigh all options before we proceed, but from today onwards one of us is home all the time till Friday. Any advice or opinion is sincerely appreciated. Thanks for reading this long post. And, to all who are thinking of nannies or have one, please learn from our mistakes and closely monitor your child’s safety every day.
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