Severance Terms in Nanny Contract

[Anonymous]

Anonymous wrote:2 weeks severance is typical. Almost all of my nanny jobs have provided that. And if she gets a job right away good for her. But she is still owed the severance.

I had a job with a family and we signed a 6 month contract. I stayed 5 years until the youngest started kindergarten. I had months of warning the job would end as a nanny was no longer needed. The family gave me 4 weeks severance even though only 2 was in the contract.

You give 2 week notice or you give 1-2 week severance. You don't give both. Most families do the latter because things may have deteriorated by that point. Obviously if Johnny and Janie are starting school full-time in 4 months time, you can give 1,2,3, or 4 months notice or renegotiate the scope of the job, nanny can take it or leave it.

[Anonymous]

Anonymous wrote:I would not agree to severance as just something that someone is owed from the start. I might agree to having a severance clause that kicks in after 6 months or a year of employment.

If she is on a 1 year contract and you have communicated you will likely go back to work in 1 year she sounds cheeky. She just wants a 2 week severance bonus for her 1 year contract ending.
Get rid of that clause, tell her you'll give a great reference letter at the 12 month mark, if she earned it.


If she is getting all hung up on this, put it as 1 week and use it as her Xmas present bonus. On the other hand, if she is getting all hung up on eeking out pay for doing nothing, I'd reconsider nannies.

[Anonymous]

Hold up, whaaa?
She knows you're going back to work sometime in the next year or so and suddenly wants to paper up a severance payment clause? 4 weeks notice without cause is common.

Is she already your nanny? Then why out of nowhere is she revising her contract?

[Anonymous]

Anonymous wrote:

Anonymous wrote:I have a question: If I intend to let my nanny go, effective immediately for just cause, do I still need to pay her severance even if the contract states all parties need to give a 6 week notice for termination? Can anyone advice me on that? I'm a first time parent. Thanks in advance.

Depends on your "just cause." What did she do?

[Anonymous]

Anonymous wrote:I have a question: If I intend to let my nanny go, effective immediately for just cause, do I still need to pay her severance even if the contract states all parties need to give a 6 week notice for termination? Can anyone advice me on that? I'm a first time parent. Thanks in advance.

For cause you just let her go, cite the incident(s) briefly, get your keys, strollers and car seat back.
You may want to pay her 1-2 weeks severance if she didn't do anything too serious, to tied her over a bit.

We let our former nanny go for cause after she got caught in a big lie about what they did all day when she really took our child to a daytime babysitting job she got paid for and driving around some other kid. Our kid missed her morning class, her lunch and her afternoon nap.

[Anonymous]

Homework Solutions' sample contract says
"Nanny is an “at will” employee and may choose to work for the family for as little
or as long as she desires. Likewise, the employer may continue the nanny’s
employment for as little or as long as he/they wish. We wish to provide the
nanny with a secure employment situation, to provide our child(ren) with a
stable care-giving environment, and to facilitate the orderly transition between
employment. Therefore, both parties agree to provide ____ weeks notice of
intent to terminate this agreement (or pay in lieu of such notice), except when
such termination is for cause.

Cause is defined as any action on the part of the nanny that endangers the
children in her care, non-performance of job responsibilities, theft or dishonesty,
smoking or alcohol use on duty or any use of illegal drugs, persistent tardiness or
absenteeism, or violation of the confidentiality clause. "

http://www.homeworksolutions.com/wp-content/uploads/2014/11/HWS-WorkAgreementTemplate-1114.pdf

[Anonymous]

I just feel like it's not working out because I noticed she left the kids in the high chair to use the bathroom and she was on the phone for a few minutes one time, while caring for them, I also suspect (not quite sure) she may be leaving them in the crib too long. I haven't spoken to her about any of these things though. I'm just nervous and uncomfortable about all of it so I just want to let her go.

[Anonymous]

Anonymous wrote:I just feel like it's not working out because I noticed she left the kids in the high chair to use the bathroom and she was on the phone for a few minutes one time, while caring for them, I also suspect (not quite sure) she may be leaving them in the crib too long. I haven't spoken to her about any of these things though. I'm just nervous and uncomfortable about all of it so I just want to let her go.

I'm an MB and I don't buy this. But if you're at all for real and you want to fire this nanny without even a conversation, then you should pay a month of severance.

But I don't think you're an MB.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I just feel like it's not working out because I noticed she left the kids in the high chair to use the bathroom and she was on the phone for a few minutes one time, while caring for them, I also suspect (not quite sure) she may be leaving them in the crib too long. I haven't spoken to her about any of these things though. I'm just nervous and uncomfortable about all of it so I just want to let her go.

I'm an MB and I don't buy this. But if you're at all for real and you want to fire this nanny without even a conversation, then you should pay a month of severance.

But I don't think you're an MB.

Yeah, I don't buy this either.

[Anonymous]

Anonymous wrote:Homework Solutions' sample contract says
"Nanny is an “at will” employee and may choose to work for the family for as little
or as long as she desires. Likewise, the employer may continue the nanny’s
employment for as little or as long as he/they wish. We wish to provide the
nanny with a secure employment situation, to provide our child(ren) with a
stable care-giving environment, and to facilitate the orderly transition between
employment. Therefore, both parties agree to provide ____ weeks notice of
intent to terminate this agreement (or pay in lieu of such notice), except when
such termination is for cause.

Cause is defined as any action on the part of the nanny that endangers the
children in her care, non-performance of job responsibilities, theft or dishonesty,
smoking or alcohol use on duty or any use of illegal drugs, persistent tardiness or
absenteeism, or violation of the confidentiality clause. "

http://www.homeworksolutions.com/wp-content/uploads/2014/11/HWS-WorkAgreementTemplate-1114.pdf

What about "cause" on the part of the employer, such as persistent tardiness?

Why does this contract seek to protect only the employer?? Red flag.

[Anonymous]

It's no surprise you guys think I'm not an MB, because this situation sounds fishy & ridiculous, but it's true. My nanny friend went through this, she was actually fired for 'cause' & believe it or not these were the reasons (mentioned in my question). By the way I'm a nanny as well, I'm working for a wonderful family for 5 years now & hope I never have to go through this, sounds scary & unreasonable on the MB's part. Whatever the reason for firing someone, as long as your child wasn't in any dangerous or abusive situation I think it's only fair that you discuss with your nanny your grieviences before making your decision. But a story has two sides & sometimes a third ( the truth).

[Anonymous]

Anonymous wrote:It's no surprise you guys think I'm not an MB, because this situation sounds fishy & ridiculous, but it's true. My nanny friend went through this, she was actually fired for 'cause' & believe it or not these were the reasons (mentioned in my question). By the way I'm a nanny as well, I'm working for a wonderful family for 5 years now & hope I never have to go through this, sounds scary & unreasonable on the MB's part. Whatever the reason for firing someone, as long as your child wasn't in any dangerous or abusive situation I think it's only fair that you discuss with your nanny your grieviences before making your decision. But a story has two sides & sometimes a third ( the truth).

Do why are you posing as an MB?

[Anonymous]

Wasn't sure if I'd receive unbiased opinions otherwise, and curiosity.

[Anonymous]

Wasn't sure if I'd receive unbiased opinions otherwise, and curiosity.

That's a pretty trollish thing to do, PP, and it isn't going to give you unbiased opinions because you are merely describing why your nanny friend thinks she was fired. Obviously, she is going to minimize the cause. So it is quite likely the reason it sounds fishy and ridiculous is that your friend is not being truthful about why she was fired.

[Anonymous]

Anonymous wrote:

Wasn't sure if I'd receive unbiased opinions otherwise, and curiosity.

That's a pretty trollish thing to do, PP, and it isn't going to give you unbiased opinions because you are merely describing why your nanny friend thinks she was fired. Obviously, she is going to minimize the cause. So it is quite likely the reason it sounds fishy and ridiculous is that your friend is not being truthful about why she was fired.

Bingo.