No, I'm a nanny who thinks your obsession with litigation is tiresome. |
You may skip the thread if legal questions are tiresome to you, don't you think? |
It's my (limited) understanding that you can sue for wrongful termination ONLY in the case that your contract has an agreed on end term (let's say Dec '13). HOWEVER, most of these types of contracts also are very well outlined with reasons why the nanny can be fired before the contract is over. In these situations, it can be difficult to prove that the nanny was wrongfully terminated. It all depends on the contract and the wording and how the whole situation was handled. It isn't as simple as "oh my contract has an end date, I can sue and I will win". It is a lot more involved. But, my understanding is that 90% of nanny contracts are not formatted this way and there is no end date. Which then is much harder to sue.
I'm still curious to hear from the OP why she suspects she was terminated for this reason. I'm also curious what her contract says about end dates/at will. |
To avoid your inane harping on nanny contracts is have to skip every other thread in the entire nanny forum. I'm sure you're one of those idiotic, obnoxious ISYN posters who lost one of your online haunts when the website shut down but come on. It's obnoxious. And whatever, you asked for thoughts. I shared mine. Tough luck if you don't like them. |
I'd, not is. Autocorrect. |
+10000 You aren't helping anyone by encouraging everyone to sue and spend money litigating a case they probably can't win. To win a wrongful termination suit you need PROOF. If it's true this nanny was fired because she had an abortion it's awful. BUT unless she caught them on camera or has an eye witness who can say they saw MB/DB looking through her purse AND they specifically told someone they fired her because of the abortion how exactly do you think she could win this case? |
+1. Any "lawyer" who can answer this without knowing more is not a good lawyer, and arguably at risk of practicing law without a license, since you may be in a state where that poster isn't barred. A real lawyer would need to know the jurisdiction, the terms of any contract and some more facts before reaching any opinion. However, it does not take a law degree to see that litigation may not be worth the stress and cost here. Can you still get a good recommendation from them? Can you focus your energy on moving forward? A good job with less judgmental people might be just the thing. |
If the nanny has a term contract, I strongly encourage her to seek free council through legal aid. She may very well have a viable law suit against her former employer. |
Ok. Just out of curiousity...how many of you have terminal dates in mind when hiring someone. I employ a nanny I hope to keep around for several years. But I didn't give her a contract. We have discussed and documented expected responsibilities, hours, pay, etc. you know, like in MY job. But,again just like in my job, she is free to search and I am free to fire her at any time. I try to keep her engaged and content, she tries to keep my happy and do her work well. Where does a fixed termination date figure into it for you all? |
Typically if you do have a contract, it has a beginning date and an ending date, hence "term". If you opt for "at will", you do not include an end date. |
I have had multiple contracts that have never included an end date. Nanny world is different from real world in terms of contracts. |
The contract does not need to say "at will" to make the nanny an at will employee. She would be that by default unless the contract says otherwise. |
The 'shocking lawyer PP' just asked two questions. S/he didn't state any opinions/facts/etc so what do you mean s/he didn't say the 'truth'? Weirdo. |
+1 |
How did the lawyer lie? Also, you seem to have it out for the lawyer. Is it because you're angry or upset that you don't have the education or common sense to be one? Go away troll. |