If you have to terminate your nanny immediately for cause (think CPS level child neglect cause), and the contract does not contain a provision regarding termination, do you pay guaranteed hours? Pay regular time but not overtime? pay nothing? |
You don't lay severance for termination for cause. |
In this in VA? If so, it's at will so you can fire for any reason. No severance is needed. |
If you did have a clause (and you should next time) it generally says that X(2-4) weeks notice must be given to terminate the contract/employment. It would go on to say that nanny will be immediately dismissed for neglect, theft, alcohol/drug use, etc. If you are firing for cause, she is let go immediately without severance. |
No severance for cause. Hand her her paycheck paid through that day on the day you let her go. |
Wow. What did she do? |
If it was really bad, you need to fill a police report. |
its not police reportable- she failed to prevent an extremely preventable serious injury by not supervising child, and child ended up severely injured and hospitalized. Child will make a full recovery- not permanently injured- but was in a life threatening situation. |
Is that the only child? |
No severance. |
Did the child almost drown? |
None, change the locks. |
Yikes!!! I am so sorry to hear. I hope your DC recovers quickly. I don't know what the law is, but my gut tells me "no severance" for cause, especially when I child was in a life threatening situation and is now hurt.
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I’m confused, if it was life threatening how is it not police reportable or CPS reportable? If it’s that bad why would severance even come up? |
Almost drowned because of temp negligence fits these facts. Not police reportable if she was zoned out for under ~5 minutes, but that’s still way too long by a pool as her charge learned the hard way. Glad your kid is OK, OP! |