Contract Terminated, Should Money Be Returned

[septembersfire]

My question involves independent contractors in the state of: New Mexico

Ok, here is the situation. I was hired to babysit a neighbors infant for $25 a day two days a week. I was to be payed upfront. On the last occasion that I babysat for her, she got angry with me because I demanded that she come and get her daughter (20 minutes late mind you) because I needed to take care of my own family and her child was fussy. She informed me that she would not be bringing her daughter back.

My question is due I now owe her the remaining money that she paid me? If so/not where can I find the law covering it?

Thanks!

[PattyPA]

Did your agreement specify how many hours per day that $25 was supposed to cover?

[jk]

My question is due I now owe her the remaining money that she paid me?

Thanks!

what money? did you only sit for one day that week?

were there any specified times for you to watch her child? Was there any agreement as to what happened if you ended up with the child outside of those hours?

[septembersfire]

There were specified hours... 10 am to 4pm... there was nothing agreed upon about her being late... when she was I simply asked her to come get the baby right then... when she came and got her she was angry that I wanted her to come right then and stated she would not bring her back. I was payed up front for the month as agreed upon and only watched the baby three days.

[jk]

Unless you had a prior agreement that she would provide some amount of notice, you owe her the money. If she was required to provide some specified notice, you would be allowed to keep that much and return the rest.

[PattyPA]

Agree. Even if you were an employee, you'd be morally obligated to pay back the advance against wages. She could sue you.

[septembersfire]

Thank you.