Open-ended notice period -- what's reasonable?

[Anonymous]

Anonymous wrote:Work agreement states that should nanny elect to terminate employment, she agrees to remain with family until suitable replacement is found, as long as parents are using their reasonable best efforts to replace her.

If parents elect to end employment for any reason other than for-cause, they agree to give nanny three weeks written notice.

What is a reasonable amount of time to expect parents to replace nanny? Parents have stated that mid-October is not long enough.

3 weeks since that is what they have agreed to give you. You don't owe them any longer than they would do for you, and 2 weeks is pretty common. If they can't find someone within 2.5 months then they need to switch to daycare.

[Anonymous]

OP, you agreed to a bad notice provision, but it is likely enforceable for monetary damages. "Reasonable best efforts" just means that the parents must take all the steps that a reasonable person in the same situation would take as part of a diligent effort to find a replacement nanny as soon as possible, and they must do that until a replacement is actually found. If they sue you, they would need to be able to document all the steps they took to this end, how much time they spent on it, and why they were unable to fill the position quickly despite these efforts.

The language you agreed to is not the same as a requirement that you give them reasonable notice; thus, the three weeks that they must give you does not necessarily mean that three weeks is all you have to give them. I would recommend giving them a month. Even though that wouldn't necessarily meet your contractual requirement, it shows an effort on your part to be fair in view of your departure before the end of the agreed-upon term, which is likely to quell any thoughts they have about suing you to enforce the contract.

[Anonymous]

A nanny is an at will employee. You don't have to give any notice.

[Anonymous]

Anonymous wrote:A nanny is an at will employee. You don't have to give any notice.

A nanny can be either an at will employee or a term employee depending on the terms of her contract. In this case, it sounds like OP is a term employee, subject to the exception that she can quit before the end of the term without liability for damages as long as she stays until the parents replace her, provided that they are using reasonable best efforts to do so.

This kind of agreement is generally enforceable, although if the nanny isn't replaced within 3-6 weeks, courts might be inclined to determine that the parents are not using reasonable best efforts in their search. Of course, neither the parents nor the courts can make the nanny stay on the job. She can absolutely be held liable for monetary damages, though, based on the parents' lost wages and any difference between what they were paying the nanny and what they need to pay to get substitute care before a replacement is found.

OP, most parents don't want to sue the nanny any more than nannies want to be sued. I would suggest that you explain why a totally open-ended notice period won't work for you, offer to stay a month and ask if the family thinks that is reasonable, and offer to help with the search and/or training of your replacement during any downtime you have on the job. In other words, aim to be accommodating and the parents will likely reciprocate by getting right on the search and/or releasing you from the literal obligations of your contract.