Child working "under the tabel"

[backwardsbike]

All parties in PA.  I just discovered that 15 year old son worked for one week without proper documentation.  He did activites on the job which children under 16 are not allowed to do and worked later than allowed by law.  CP was aware and allowed this to happen.  The job only lasted one week as it was temporary and seasonal.

Questions:

1.Is this an issue that could have a bearing on custody?

2Who is liabel if a child in this situation sustains a serious work related injury?

[wendl]

What kind of work was he doing????

**These are my opinions, they are not legal advice**

[socrateaser]

>All parties in PA.  I just discovered that 15 year old son
>worked for one week without proper documentation.  He did
>activites on the job which children under 16 are not allowed
>to do and worked later than allowed by law.  CP was aware and
>allowed this to happen.  The job only lasted one week as it
>was temporary and seasonal.
>
>Questions:
>
>1.Is this an issue that could have a bearing on custody?

Maybe. But, first you'll have to prove that the CP knew about the activity, that it was unlawful for the child to work, and that the CP ignored the entire circumstance. That will be tough to prove without the child's testimony, and the child may not be believed by a jury. This is an action that would need to be pursued in the regular civil court, not in family court.

>2Who is liabel if a child in this situation sustains a serious
>work related injury?

The employer and the CP would be potentially liable for negligence. There also may be some other state civil/criminal laws that recovery may obtained under. Once again, you must prove that this entire incident was known to the CP, whereas with the employer, you only need to prove that the child was employed to get a recovery.

However, as no one was injured, there is nothing to recover.

[backwardsbike]

Short order cooking

[backwardsbike]

What type of case would I bring in civil court. ?  I would welcome the chance to be out of family court .

[socrateaser]

>What type of case would I bring in civil court. ?  I would
>welcome the chance to be out of family court .

I guess I didn't communicate very well. In order to make a case, you need an injury in fact, otherwise the court will dismiss for failing to state a case for which relief may be granted. Neither the child, nor you were injured by this transaction, therefore, under common tort law principles, you cannot bring any case in civil court.

There "may" be some action under PA or federal law related to employment that could be brought, based violation of a health and safety statute. However, I don't have time to research this issue.

There is one sure fire action that can be brought, however, you can't bring it, and you would be suing the employer, and that is that you can contact the IRS and/or Dept of Labor and tell them that the employer did not collect payroll taxes on your child.

The gov., if it's interested, will investigate and, assuming it finds a violation, fine the employer up to 25% of the unpaid taxes for failing to collect them. However, this won't get you any money, and it won't get your ex in trouble.

I'm not entirely certain why this issue is causing you such an upset. Now, if the kid got hot oil spattered all over his face, then you'd have a HUGE case, but in this instance, it's no harm no foul.

I suggest if you want to protect the child from a possible future injury, that you send certified mail to both the other parent and the employer, stating that the next time the child is hired in the capacity of a chef, outside the law, that you will report the matter to the relevant authorities.

That will almost certainly end the issue, although your kid may be annoyed about being deprived of a possible income stream.

[backwardsbike]

Thank you Soc.  This is causing me such an upset because the CP lined this employment up for the child during one of my few weeks of Summer custody.   I am sure he will try the same again this year.

 He didn't tell me he had done this let alone ask if it was OK with me.  I lost a week of time with my son. The son hated this job ( poor pay, long hours, dispicable working environment).

The Judge in my case will not do anything to ex.  He feels that if my kid mattered to me that I'd have custody.  I don't so I must be a deadbeat, right.  The system, if not perfect, is at least equitable.  I face the same issues as the NCP dads on this site.

I'm just mad as hell that my ex took time from me and set our son up with this illegal employment.  I have had to follow one of the nit-pickiest court orders our county has ever seen.

This Judge told me I was not allowed to take my kids to Walmart at 10:30pm on a summer evening because Cp was "worried" about them.  My DH has been dragged through the mud and the judge still thinks he's some dangerous perv even though we have provided a clean child abuse clearance.  The list goes on and on.  I've been at it six years now.

In short I feel there are court orders and laws that I must obey but ex does exactly what he likes and it is OK.  Thanks for the vent!