issue with contract that nanny does not want to sign

[Anonymous]

Anonymous wrote:Good luck OP.

If she purports to be experienced she should be quite accustomed to having to provide proof of citizenship (or legal working status), as well as drivers license, etc...

I would proceed with caution.

Thanks, much appreciated!

[Anonymous]

Move on. Sounds like she has something to hide.

[Anonymous]

A contract is more of like an agreement. A contract really is not enforceable anyway. She can still quit and you can still fire her regardless of whether you have a "contract."

We have an agreement that includes specifics of employment but it is not a legally binding contract because she can quit at all and we can fire at will. So, a signature does not really matter anyway.

[Anonymous]

Why do you all insist on saying this? When you make an agreement, it matters. When you sign something it matters. At will employment does not megate the enforceability of the terms of employment. It is just that breeches in a nanny contract are rarely pursued legally as it is a pain in the butt to do so. If you sign your name to something you're offering proof that you agreed to it. That is all a contract is. It doesn't have to be drafted by a lawyer to be binding.

[Anonymous]

Thank you all!

A quick update on the development, so hopefully everyone can learn something from this.

Indeed, she bailed out. I suspect something is wrong with her papers, or so, but I did not insist of learning what it was. She really is a nice person, and I tried to be discrete.

This is how it happened: Based on the advice I got from here, I approached her (in a very nice way I think) saying that indeed we would not need to notarize the contract, but at latest with I9 she would need to show her ID, etc. To that she replied that an ID etc was unnecessary for I9, as only SSN would be required, etc. (that would be so, she said, according to her previous experience). And that was the end of our discussion, she decided not to continue with us.

I would like to thank once more to all the people in this forum who replied. It was very helpful, and is much appreciated.

[Anonymous]

I think you dodged a bullet here OP. Good for you.

Hope you have good luck finding someone else!

[Anonymous]

Anonymous wrote:Thank you all!

A quick update on the development, so hopefully everyone can learn something from this.

Indeed, she bailed out. I suspect something is wrong with her papers, or so, but I did not insist of learning what it was. She really is a nice person, and I tried to be discrete.

This is how it happened: Based on the advice I got from here, I approached her (in a very nice way I think) saying that indeed we would not need to notarize the contract, but at latest with I9 she would need to show her ID, etc. To that she replied that an ID etc was unnecessary for I9, as only SSN would be required, etc. (that would be so, she said, according to her previous experience). And that was the end of our discussion, she decided not to continue with us.

I would like to thank once more to all the people in this forum who replied. It was very helpful, and is much appreciated.

If you want someone legal to work and willing to have taxes withheld, perhaps you could include it when you draw up the job description to post? For me it would be a draw, but it could cause others to not apply if they aren't legal or don't want to do taxes, meaning less work to sort through people for you.

[Anonymous]

You can have an SSN without being legally in the country. That is why this candidate did not want to show ID. I had a housekeeper candidate show me her new CA driver's license but admit she was not legal.