Photo: Alberto E. Rodriguez/Getty
American HousewifeactressKaty Mixonis fighting back against an ex-nanny she alleges is trying to extort money from her family.
The couple is suing the nanny for fraudulent misrepresentation, negligent misrepresentation and breach of contract.
Hammer, a newborn care specialist, was hired to help take care of their daughter Elektra in May 2018. According to the court documents, the nanny presented Mixon and Greer with a contract identifying herself as an “independent contractor.”
“Hammer included this section because she did not want taxes to be withheld from her compensation,” the documents state. “[Mixon and Greer] believed that Hammer was being truth l in describing herself as an ‘independent contractor.’ [They] also believed that Hammer was an independent contractor under the law.”
Along with signing the contract, Hammer allegedly signed a confidentiality agreement.
But 11 months after being fired, Hammer allegedly claimed she was an “employee” and now “is entitled to additional compensation because she did not receive overtime or breaks.”
Along with asking the additional money, Mixon and Greer also claim the nanny has “concocted a series of harassment claims” in order to embarrass the couple and “coerce a monetary settlement,” according to their lawsuit.
However, in the court documents, Mixon and Greer insist Hammer was fired “with cause,” claiming she broke the confidentiality agreement, wore inappropriate attire around the house, regularly requested to leave early and failed to follow the feeding schedule for Elektra, among other things.
The couple say they wrote Hammer a letter notifying her that she was fired and offered to pay her for two additional weeks without work. According to the court documents, Hammer replied to the email accepting the termination without question.
“Hammer’s response to her ‘with cause’ termination implies that Hammer understood and accepted the grounds on which her services were being terminated,” according to the filing.
Mixon and Greer state that they believe they are only being sued as an attempt for extortion and that all accusations against the couple are false and were only made in order to “increase the amount” of money she receives.
They are asking that they are paid $100,000 in damages for breaking the non-disclosure agreement, along with attorney fees and an undisclosed amount for punitive damages.
source: people.com
