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.