Why follow the severance rules when she isn’t following the schedule as agreed to in the contract? |
How, exactly? You will spend more suing your employer than you would ever receive in compensation. |
Because she is ending the agreement, and thus, the job. The nanny could take her to small claims court if she doesn't follow the termination clauses in the contract. Those are enforceable. Here is the explanation from GTM payroll services. You can read the entire article here: https://gtm.com/household/nannies-at-will-employees/ When a nanny and a family sign a long-term agreement for employment, it is not a legally binding contract with regard to the exact amount of time the nanny will be employed. Rather it’s setting expectations for the employment relationship, and serves as a commitment the family is making to the nanny, showing that they want the nanny employed for the length of time designated by the agreement, but does not guarantee that length of time. However, if there is language in the agreement that states a nanny must give two weeks’ notice before leaving, and then the nanny quits without giving such notice, the agreement can be viewed as a legally binding document should the family wish to pursue legal action against the nanny for violating the terms of the agreement. |
Employer here. I would be wrong to terminate a nanny because she was unable to work an additional day that she was never contracted to work. Legally, it is fine but morally and ethically wrong to fire someone who has been caring for your child well for three years.
I am honestly shocked this is even being debated. |
NO ONE IS SAYING TO FIRE HER. Everyone is saying that the family should offer her the extra day first, and if she can't do it, then they have to figure out if it will work out to keep her. The OP didn't say if the nanny is currently working part time, or a full 40 hours, or if the new schedule would change the hours as well. I can't believe it's a debate that if a family's needs change, and the nanny can't meet the new schedule, the family might not be able to keep the nanny on. Her job is going to end sometime, anyway. |
All jobs are going to end sometime, anyway. The family ‘s needs may change and she has already been accommodating - but adding a day is too much to expect. Ask - fine. But do not expect it. I can’t imagine if my boss/company asked me to work an extra day or face dismissal. I have a family to consider as do most nannies. |
No one needs a nanny forever.
Jobs change over time. Either nanny and parents can change with them, or decide they’re no longer a match. |
Sometimes things change in life and you have to deal with it. That’s what OP is doing and that’s what her nanny will have to do. No one owes you anything and if you want more stability in your career, don’t be a nanny. I am a career nanny who is also an adult who has a grasp on reality. |
How do you know what OP is doing? Maybe she just wants a day away from her kid. |
For me it depends on the reason you need 5 days. If it’s so you can lounge around at home and interfere with my day with the kids instead of going to work, then no thank you. If you’re going to work that day then of course I would change my schedule but I wouldn’t be happy about it. I’d do it to keep my job. |
+1 |
You can't? This happens all the time. You are generally eligible for unemployment if you quit under those circumstances, but it's hardly unheard of! |
Hmm. So I guess MB should go to her own boss and say she can't work the new hours if the nanny doesn't like it. |
No, small claims can cover my costs and the amount of money due when I’m given notice. |
It won't cover 6 months of lost income when your nanny family asks you to work on Friday when that wasn't in the contract, you say, "Hell, no, we have a 4-day-a-week contract, and you can't change that!" And then they give you two-weeks notice with 6 months left to go on your contract. To sue for ix months of wages (and probably lose), you couldn't use small claims court. |