Anonymous wrote:

Anonymous wrote:OP, are you allowed to terminate her immediately or was the PP correct that that would be considered a retaliatory discharge?

There are significant penalties for retaliatory discharge and they are not likely covered by insurance. In addition unless you’re not going to contest a claim for retaliatory discharge, there will likely be attorneys’ fees because it may be a claim that the carrier does not have to defend. OP should consider talking to her carrier and/or an attorney before she takes any action. I said it before - don’t take advice from internet strangers.

And DC doesn’t seem to be a particularly friendly venue for employers, either. If I were you, though, I’d be figuring out exactly where the bounds are. Stop giving her any leeway or taking any steps that make her life easier that aren’t legally required. She’s almost certainly half way to quitting on her own, so just try to make that decision easier for her.

The fear, though, is that this is part of a scam engineered from the start to sue you.

How were her references? Did previous employees notice any sketchy behavior?

Have you thought about going to her home and seeing how she is? It would serve you two ways because if she really is sick, it shows that you are compassionate and kind. You also get to see firsthand how she is doing .

Anonymous wrote:

Anonymous wrote:OP, are you allowed to terminate her immediately or was the PP correct that that would be considered a retaliatory discharge?

There are significant penalties for retaliatory discharge and they are not likely covered by insurance. In addition unless you’re not going to contest a claim for retaliatory discharge, there will likely be attorneys’ fees because it may be a claim that the carrier does not have to defend. OP should consider talking to her carrier and/or an attorney before she takes any action. I said it before - don’t take advice from internet strangers.

OP - thanks. Right now there’s nothing we can do. We have to wait it out and see what she comes back to us with. It doesn’t make sense to fire someone who hasn’t showed up reliably for the last month! We’ve got a temp lined up for a couple of days this week and we’ll go from there. The temp was here the last two weeks when the original lady was absent.

Anonymous wrote:

Anonymous wrote:OP, are you allowed to terminate her immediately or was the PP correct that that would be considered a retaliatory discharge?

There are significant penalties for retaliatory discharge and they are not likely covered by insurance. In addition unless you’re not going to contest a claim for retaliatory discharge, there will likely be attorneys’ fees because it may be a claim that the carrier does not have to defend. OP should consider talking to her carrier and/or an attorney before she takes any action. I said it before - don’t take advice from internet strangers.

Particularly when OP doesn't know the facts.

Anonymous wrote:OP, are you allowed to terminate her immediately or was the PP correct that that would be considered a retaliatory discharge?

There are significant penalties for retaliatory discharge and they are not likely covered by insurance. In addition unless you’re not going to contest a claim for retaliatory discharge, there will likely be attorneys’ fees because it may be a claim that the carrier does not have to defend. OP should consider talking to her carrier and/or an attorney before she takes any action. I said it before - don’t take advice from internet strangers.

OP, are you allowed to terminate her immediately or was the PP correct that that would be considered a retaliatory discharge?

Anonymous wrote:Absolutely don't pay anymore. You've been more than generous with multiple incidents. I'd let her go when she contacts you again, if she does and tell her you need the ER report and a note from the doctor and any leave for the next year is unpaid as she's taken too much.

Thanks. Our insurance company said that if she told the ER or doctor she’s seeing that it’s an injury that happened at work it will automatically be submitted for workers comp so there’s nothing more we can do at this point

Are you in DC, OP? She could be going for DCPFL. At my company, everyone who applies for it ends up taking the entire 12 week benefit regardless of the initial estimate from the doctor. When they go in for follow ups, they still have pain or whatever and then all miraculously improve as soon as the benefit runs out.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:OP, you need to sit down with her and make a clear sick leave/pay plan as this is too much for one person early on. I would expect a doctor's note or from the ER and ask her what her follow up care needs to be.

OP - thanks, yes it’s been one thing after another. I’ll actually be surprised if she comes back! We do have a full employment agreement but there’s been a lot of creep with the time off.

Yeah, from what you’ve described, it sure sounds like she made up this story trying to buy herself some time to figure out if she wants to quit. Start making backup plans.

She just sent an update that she’s still dizzy so she’ll be going to the doctor on Monday…

Does this mean you believe her now?

The nanny could die from a brain hemorrhage and op would question whether she was being milked for WC.

Right, because people are honest and never scam others. My company was sued by someone who claimed an injury by a TWO year old. I don’t want to say it here, as it would be easily identifiable, but it was beyond ridiculous.

My two year old gave me a massive black eye and nearly broke my orbit with a kleen kanteen. She was swinging it around and clocked me by accident. It happens.

Which is actually a plausible story, unlike getting a concussion from a kick while helping with sicks.

Maybe the housekeeper is having some sort of psychological breakdown and doesn't feel comfortable addressing it directly with the OP. Regardless, she's not coming back.

It was ten days ago now and she’s still not giving any indication of if/when she might return to work. I agree it could be anything but she should just resign. It could be that her husband is pushing her to play this out.

Is there anyone left in this thread that actually believes the nanny? It’s pretty clear it’s made up. The only thing that isn’t clear is why she did it.

Absolutely don't pay anymore. You've been more than generous with multiple incidents. I'd let her go when she contacts you again, if she does and tell her you need the ER report and a note from the doctor and any leave for the next year is unpaid as she's taken too much.

Anonymous wrote:

Anonymous wrote:I wonder if she has vertigo instead of a concussion and assumed the kick caused it.

I think she just wanted the holiday week off but didn’t feel like she could ask for it as she’s been absent so much in the first three months of her new role.

This, it would have been better to ask for leave without pay vs. expecting pay. Either way, it doesn't sound right.

Anonymous wrote:I wonder if she has vertigo instead of a concussion and assumed the kick caused it.

I think she just wanted the holiday week off but didn’t feel like she could ask for it as she’s been absent so much in the first three months of her new role.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:OP, you need to sit down with her and make a clear sick leave/pay plan as this is too much for one person early on. I would expect a doctor's note or from the ER and ask her what her follow up care needs to be.

OP - thanks, yes it’s been one thing after another. I’ll actually be surprised if she comes back! We do have a full employment agreement but there’s been a lot of creep with the time off.

Yeah, from what you’ve described, it sure sounds like she made up this story trying to buy herself some time to figure out if she wants to quit. Start making backup plans.

She just sent an update that she’s still dizzy so she’ll be going to the doctor on Monday…

Does this mean you believe her now?

The nanny could die from a brain hemorrhage and op would question whether she was being milked for WC.

Right, because people are honest and never scam others. My company was sued by someone who claimed an injury by a TWO year old. I don’t want to say it here, as it would be easily identifiable, but it was beyond ridiculous.

My two year old gave me a massive black eye and nearly broke my orbit with a kleen kanteen. She was swinging it around and clocked me by accident. It happens.

Which is actually a plausible story, unlike getting a concussion from a kick while helping with sicks.

Maybe the housekeeper is having some sort of psychological breakdown and doesn't feel comfortable addressing it directly with the OP. Regardless, she's not coming back.

It was ten days ago now and she’s still not giving any indication of if/when she might return to work. I agree it could be anything but she should just resign. It could be that her husband is pushing her to play this out.

I wonder if she has vertigo instead of a concussion and assumed the kick caused it.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:OP, you need to sit down with her and make a clear sick leave/pay plan as this is too much for one person early on. I would expect a doctor's note or from the ER and ask her what her follow up care needs to be.

OP - thanks, yes it’s been one thing after another. I’ll actually be surprised if she comes back! We do have a full employment agreement but there’s been a lot of creep with the time off.

Yeah, from what you’ve described, it sure sounds like she made up this story trying to buy herself some time to figure out if she wants to quit. Start making backup plans.

She just sent an update that she’s still dizzy so she’ll be going to the doctor on Monday…

Does this mean you believe her now?

The nanny could die from a brain hemorrhage and op would question whether she was being milked for WC.

Right, because people are honest and never scam others. My company was sued by someone who claimed an injury by a TWO year old. I don’t want to say it here, as it would be easily identifiable, but it was beyond ridiculous.

My two year old gave me a massive black eye and nearly broke my orbit with a kleen kanteen. She was swinging it around and clocked me by accident. It happens.

Which is actually a plausible story, unlike getting a concussion from a kick while helping with sicks.

Maybe the housekeeper is having some sort of psychological breakdown and doesn't feel comfortable addressing it directly with the OP. Regardless, she's not coming back.