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Sorry, PP, but that would require some research in legal databases, which would take more time than I'm prepared to invest in correcting your unfounded belief that nannies as a class are somehow exempt from the law that governs everyone else in the United States. I will say that you are partially correct in one respect: A nanny found liable for breaching her contract with an employer probably wouldn't be required to uphold her end of the agreement by staying on the job and doing what the contract required her to do. This is called specific performance, and it is generally disfavored by courts. Instead, the nanny is more likely to be ordered to pay monetary damages out of her savings and future earnings in order to reimburse the family for whatever extra burden they incurred as a result of her non-performance. Good luck to you. |
Thanks, PP. Just as a nanny can enforce a fixed term agreement against the family, a family in this jurisdiction can enforce a fixed term agreement against a nanny who quits early. As noted in a prior post, the nanny wouldn't be required to return to work for the family she skipped out on, but she would likely be required to reimburse the family for lost wages suffered by the parents as a result of nanny's failure to uphold her end of the deal, plus any difference in what the parents would have paid the nanny who skipped out (the contract price) and what they ultimately pay to get substitute care for the remainder of the term. |
Out of the "three" brilliant legal minds on this thread, not one of you has ever heard of such a court case, that you can recall? Oh my.... |
We would be glad to answer you, PP, if you would like to pay our fees to provide you with this advice. I do not know about the other lawyers on this thread, but at my billable rate and leverage factor, you would be looking at a bill of about $10,000 for me to have some fo the attorneys I supervise prepare a memo for you on the point, assuming of course that you are willing to take such a memo based on one of the three jurisdictions in which I am licensed to practice (although I would prefer to write on New York law since I have been barred there the longest and it has one of the most well developed bodies of countract law in the U.S.). Do you nanny for free? No? Then don't ask usto give you legal advice for free. |
Exactly! |
In typical shyster fashion, encourage the unsuspecting public to line your pockets as you pretend to do useful work. In answer to your question, some professional nannies do offer pro bono services on occasion, just as some attorneys do. Again, if there have ever been any nannies held liable for breach of contract, to pay damages for not completing the term of her agreement, surely someone on this forum would have heard of it. How ridiculous of you to request a tidy little sum of $10,000. to confirm common knowledge. You are an utter embarrassment to your profession, and a prime example of why so few of you can be trusted. |
None of you? |
Good grief lawyers and those who just play them on TV are so annoying and not helpful to the OP.
I agree that work agreement is a better term than contract simply because people associate the term contract to have meanings that are in conflict with employment regulations. The important things to remember is that the nanny is an at-will employee. She can quit at any time and you can fire her at any time. The notifications periods for termination without cause or quitting are there for mutual communication and expectation setting, not enforceable but a good tool when both parties are in good standing with each other. As an employee not a service provider via contract, she must be paid for all hours worked. If someone on a service contract shows up at your house and doesn't do the job, you can not pay them. If the nanny shows up but isn't performing her tasks you can fire her but you still have to pay for the hours when she was working but not performing well. *Include the actual base and OT rate. Its fine to negotiate in terms of average hours or a set weekly amount but make sure to document the actual base and OT rate in the contract. Include the schedule. *Write out the paid holidays. Don't just say all federal holidays if you aren't a fed. Too many people are surprised by Veterans or Columbus day when the feds are closed but your office is open. Too many nannies are surprised if they don't get the day after Thanksgiving off because its not a federal holiday. *For the standard two week vacation, one of your choosing and one of hers include a 2-4 week notification period. This allows you both to make plans and maximize the vacation time. It also protects you against a nanny who will request a week and then try to change it once she knows you have plans hoping to get an extra week off. It protects the nanny too so she doesn't make travel plans and then lose out. *Raises and bonuses should not be included as guaranteed, they are merit driven and written at employer's discretion. *Include any requirements CPR certifications, staying up on vaccinations etc. *include an inclement weather policy *Mileage reimbursement if she is driving your kids in her vehicle. *Write out whether PTO is available at once, in chunks or accrued. Other things are best left out of the contract and handled through communication as kid's needs change. There is no point in writing what food baby should eat as this will change. If you are very detail oriented you can create a home manual and log where you can leave specifications for your nanny and she log things. We created a loose one with neighbor's numbers, places to go, favorite foods etc. Hope this helps. |
Thank you. |
Attorney here. Some of this--regarding things that should be included in a nanny contract--is good advice. However, it is not accurate to say that all nannies are at will employees and it is not accurate to say that the notice period in a nanny's contract is unenforceable. As mentioned in a prior post, in most jurisdictions, a nanny who breaches the term or notice requirement in an executed contract or work agreement (there is no practical difference) won't be required to stay on the job, but if the parents bother to sue, most jurisdictions will hold her liable for extra costs that they incur as a result of her failure to honor the notice or term provision. This is why it is advisable for a nanny who wants out of her contract to ask the parents respectfully to release her rather than leaving them high, dry, and ticked off enough to sue. As for why the lawyers on here are unwilling to help OP, we've already confirmed common legal knowledge: nanny agreements are enforceable on the same terms as other employment contracts and "work agreements." The case citations that OP has requested would require information about the state in which the nanny contract at issue was executed, along with time-consuming legal database research. If OP wants this done pro bono, she should find a charitable legal service in her home state--and try to be a little less obnoxious while requesting free help. |
If there ever was such a case, it'd be headline news. And certainly everyone here would remember it. So cute about the silly shyster lawyer who would charge $10,000. to verify that. She must have some super dumb ass clients who would pay her a dime for anything. |
I'm not a lawyer and I really hate how lawyers charge thousands of dollars for a few minutes of work, however, what you were asking them to do was actually really time consuming. I don't think that lawyers response was polite or necessary but then neither was the poster who asked them to look up the information in the first place. I also would disagree that if there was a case like this that it would be headline news. You're not talking about a million dollar settlement and I highly doubt the major news sources would be interested. In addition, just because most people don't sue over a nanny contract doesn't mean they can't. Legal fees are expensive and may not be worth the cost and hassle when the return may not be that great. BUT nannies and employers should both be careful if you break something that is specified in a contract. Some people might just be angry enough to sue and they COULD win. |
Court cases that are the first of their kind, do normally make headline news. But I pretty much agree with most of your other points. Thank you. |