Letting nanny go - any legal ramifications?

[Anonymous]

We’ve had our nanny for almost 4 months and she isn’t the right fit for a variety or reasons. We had to hire someone within a week so we didn’t have the time to search as we had wanted and selected the best person we could find. She is fine, but we know we can do better and don’t think we should have to compromise when it comes to our kids. My good friend just decided to let her nanny go because she got laid off and doesn’t want to go back to work. We know this nanny well and want to hire her - our kids already know her and like her a lot.

So, we are going to let our nanny go, effective immediately, and offer her two weeks severance plus a good recommendation. Before we do, trying to find out if there are any potential legal ramifications we should consider. She will definitely be very surprised and caught off guard and based on her personality DH is worried she will try to sue us for wrongful termination or letting her go without cause. Can she possibly do this? Is there anything we should make sure to say or not say? We will be specific in telling her why we are doing this - but there isn’t one major issue, it’s more like a bunch of small issues that are grating at us.

Does anyone know what recourse a nanny can have for being let go? We of course hope things don’t turn out this way, but want to be prepared if there could be an issue that needs to be addressed.

[Anonymous]

I gather you don't have a contract with her, right? No, you look fine.

[Anonymous]

Just give her a few weeks severance.

[Anonymous]

Anonymous wrote:I gather you don't have a contract with her, right? No, you look fine.

No, we don’t have a contract...

[Anonymous]

If you’re giving her severance you should think about conditioning the severance on her signing a release.

[Anonymous]

Anonymous wrote:We’ve had our nanny for almost 4 months and she isn’t the right fit for a variety or reasons. We had to hire someone within a week so we didn’t have the time to search as we had wanted and selected the best person we could find. She is fine, but we know we can do better and don’t think we should have to compromise when it comes to our kids. My good friend just decided to let her nanny go because she got laid off and doesn’t want to go back to work. We know this nanny well and want to hire her - our kids already know her and like her a lot.

So, we are going to let our nanny go, effective immediately, and offer her two weeks severance plus a good recommendation. Before we do, trying to find out if there are any potential legal ramifications we should consider. She will definitely be very surprised and caught off guard and based on her personality DH is worried she will try to sue us for wrongful termination or letting her go without cause. Can she possibly do this? Is there anything we should make sure to say or not say? We will be specific in telling her why we are doing this - but there isn’t one major issue, it’s more like a bunch of small issues that are grating at us.

Does anyone know what recourse a nanny can have for being let go? We of course hope things don’t turn out this way, but want to be prepared if there could be an issue that needs to be addressed.

Employment is at will, so there's nothing unlawful about letting someone go without cause. As long as she doesn't have grounds to allege that you are firing her for a discriminatory reason -- based on age, sex, race, national origin -- you're fine. But if you're firing a older, immigrant, person of color and hiring a young white person, then you maybe want to document everything to protect yourself.

[Anonymous]

Anonymous wrote:

Anonymous wrote:We’ve had our nanny for almost 4 months and she isn’t the right fit for a variety or reasons. We had to hire someone within a week so we didn’t have the time to search as we had wanted and selected the best person we could find. She is fine, but we know we can do better and don’t think we should have to compromise when it comes to our kids. My good friend just decided to let her nanny go because she got laid off and doesn’t want to go back to work. We know this nanny well and want to hire her - our kids already know her and like her a lot.

So, we are going to let our nanny go, effective immediately, and offer her two weeks severance plus a good recommendation. Before we do, trying to find out if there are any potential legal ramifications we should consider. She will definitely be very surprised and caught off guard and based on her personality DH is worried she will try to sue us for wrongful termination or letting her go without cause. Can she possibly do this? Is there anything we should make sure to say or not say? We will be specific in telling her why we are doing this - but there isn’t one major issue, it’s more like a bunch of small issues that are grating at us.

Does anyone know what recourse a nanny can have for being let go? We of course hope things don’t turn out this way, but want to be prepared if there could be an issue that needs to be addressed.

These nondiscrimination rules do not apply to individuals. OP, you are fine.
Employment is at will, so there's nothing unlawful about letting someone go without cause. As long as she doesn't have grounds to allege that you are firing her for a discriminatory reason -- based on age, sex, race, national origin -- you're fine. But if you're firing a older, immigrant, person of color and hiring a young white person, then you maybe want to document everything to protect yourself.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:We’ve had our nanny for almost 4 months and she isn’t the right fit for a variety or reasons. We had to hire someone within a week so we didn’t have the time to search as we had wanted and selected the best person we could find. She is fine, but we know we can do better and don’t think we should have to compromise when it comes to our kids. My good friend just decided to let her nanny go because she got laid off and doesn’t want to go back to work. We know this nanny well and want to hire her - our kids already know her and like her a lot.

So, we are going to let our nanny go, effective immediately, and offer her two weeks severance plus a good recommendation. Before we do, trying to find out if there are any potential legal ramifications we should consider. She will definitely be very surprised and caught off guard and based on her personality DH is worried she will try to sue us for wrongful termination or letting her go without cause. Can she possibly do this? Is there anything we should make sure to say or not say? We will be specific in telling her why we are doing this - but there isn’t one major issue, it’s more like a bunch of small issues that are grating at us.

Does anyone know what recourse a nanny can have for being let go? We of course hope things don’t turn out this way, but want to be prepared if there could be an issue that needs to be addressed.

These nondiscrimination rules do not apply to individuals. OP, you are fine.
Employment is at will, so there's nothing unlawful about letting someone go without cause. As long as she doesn't have grounds to allege that you are firing her for a discriminatory reason -- based on age, sex, race, national origin -- you're fine. But if you're firing a older, immigrant, person of color and hiring a young white person, then you maybe want to document everything to protect yourself.

Nondiscrimination laws don’t apply to individuals.- Sorry for the repeat, just trying to put my answer in the correct place.

[Anonymous]

Domestic workers have zero legal protections. Sad how American women (and men) get ahead over the backs of the poor women who become the primary childcare providers and household managers, aka housekeepers.

[prettylittlething]

She can't do anything and I doubt she'd want to if you're giving her notice and a good rec. It's annoying, I'd be slightly miffed and she probably will take it a bit personally, but you have to do what you have to do. If she up and won the lottery or decided to move across the country for whatever reason she'd be giving you notice ans moving on with her life as well. stuff happens. treat her fairly and don't sweat it.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:We’ve had our nanny for almost 4 months and she isn’t the right fit for a variety or reasons. We had to hire someone within a week so we didn’t have the time to search as we had wanted and selected the best person we could find. She is fine, but we know we can do better and don’t think we should have to compromise when it comes to our kids. My good friend just decided to let her nanny go because she got laid off and doesn’t want to go back to work. We know this nanny well and want to hire her - our kids already know her and like her a lot.

So, we are going to let our nanny go, effective immediately, and offer her two weeks severance plus a good recommendation. Before we do, trying to find out if there are any potential legal ramifications we should consider. She will definitely be very surprised and caught off guard and based on her personality DH is worried she will try to sue us for wrongful termination or letting her go without cause. Can she possibly do this? Is there anything we should make sure to say or not say? We will be specific in telling her why we are doing this - but there isn’t one major issue, it’s more like a bunch of small issues that are grating at us.

Does anyone know what recourse a nanny can have for being let go? We of course hope things don’t turn out this way, but want to be prepared if there could be an issue that needs to be addressed.

These nondiscrimination rules do not apply to individuals. OP, you are fine.
Employment is at will, so there's nothing unlawful about letting someone go without cause. As long as she doesn't have grounds to allege that you are firing her for a discriminatory reason -- based on age, sex, race, national origin -- you're fine. But if you're firing a older, immigrant, person of color and hiring a young white person, then you maybe want to document everything to protect yourself.

Nondiscrimination laws don’t apply to individuals.- Sorry for the repeat, just trying to put my answer in the correct place.

Depends on your location. DC protects domestic workers, even if they are the sole employee. There’s currently an argument for her the same topic here:
https://www.dcurbanmom.com/jforum/posts/list/15/852120.page

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:We’ve had our nanny for almost 4 months and she isn’t the right fit for a variety or reasons. We had to hire someone within a week so we didn’t have the time to search as we had wanted and selected the best person we could find. She is fine, but we know we can do better and don’t think we should have to compromise when it comes to our kids. My good friend just decided to let her nanny go because she got laid off and doesn’t want to go back to work. We know this nanny well and want to hire her - our kids already know her and like her a lot.

So, we are going to let our nanny go, effective immediately, and offer her two weeks severance plus a good recommendation. Before we do, trying to find out if there are any potential legal ramifications we should consider. She will definitely be very surprised and caught off guard and based on her personality DH is worried she will try to sue us for wrongful termination or letting her go without cause. Can she possibly do this? Is there anything we should make sure to say or not say? We will be specific in telling her why we are doing this - but there isn’t one major issue, it’s more like a bunch of small issues that are grating at us.

Does anyone know what recourse a nanny can have for being let go? We of course hope things don’t turn out this way, but want to be prepared if there could be an issue that needs to be addressed.

These nondiscrimination rules do not apply to individuals. OP, you are fine.
Employment is at will, so there's nothing unlawful about letting someone go without cause. As long as she doesn't have grounds to allege that you are firing her for a discriminatory reason -- based on age, sex, race, national origin -- you're fine. But if you're firing a older, immigrant, person of color and hiring a young white person, then you maybe want to document everything to protect yourself.

Nondiscrimination laws don’t apply to individuals.- Sorry for the repeat, just trying to put my answer in the correct place.

Domestic workers are not currently included in the DC Human Rights Act, which offers discrimination/termination, minimum wage protections. However, there is proposed legislation currently under Council review that adds domestic workers to the DC Human Rights Act. Notably, for those of you with au pairs- au pairs are not specifically addressed in the legislation, which is bad. Read it here and contact your council member if you have any concerns: http://lims.dccouncil.us/Download/43176/B23-0442-Introduction.pdf



Depends on your location. DC protects domestic workers, even if they are the sole employee. There’s currently an argument for her the same topic here:
https://www.dcurbanmom.com/jforum/posts/list/15/852120.page

[Anonymous]

Just be honest, you found someone cheaper.