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Money and Finances
Reply to "Temporarily furloughing nanny? Strategies?"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Does OP not have a contract with the nanny? Furlouging a nanny is a breach of contract and in essence she is laid off. So she can claim unemployment, which will raise the OP's nanny taxes OP is not government and nanny is working for family, not government. The nanny is most likely looking for new employment by now.[/quote] I thought the nanny is supposed to be an "at will" employee, meaning she can be fired on a dime (or quit without notice), regardless of what might be in the contract. Is that true?[/quote] [/quote] True But the nanny can claim unemployment. The dept of labor descides who can get it. You cannot argue your right to not pay and she will be able to claim[/quote] No it is not true. contractually parent needs to abide by the terms of the contract. If she breaches the contract by laying off the nanny without cause without the contractually required notice than the nanny can sue for breach of contact. Will she, maybe, can she, who knows? Is there any requisite notice in the nanny contract, I thought OP had said 2 weeks, maybe she didn't say. But any decent employment contact has a notice provision protecting either side. Whoever claims that a notice provision is null and void simply because the employment is for a nanny provision is wrong. An at will employee is an employee that is not under a contract, or if they are under contract it specifically states "at will". I work i. Biglaw, my "contract" is considered my one page offer letter which states my position, salary, start date and the at will provision What is at will? Either party can terminate the relationship at any time. for the emoloyer it means they can terminate for ANY reason BUT an illegal reason, (big ones are race, gender, religion,etc). The take this job and shove it method. But if there is a contract, the terms apply.[/quote]
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