Breached Contract

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Was this in writing? You either take it to court and risk being terminated or find a new job and quit. I would give 1-2 weeks notice.

-1

Sorry, but I strongly disagree w/this advice.
If the other party is not holding up their side of a mutual contract,
then by all means the contract is null + void.

The Nanny may immediately walk.
Do not be afraid of court stories - no Nanny has ever been sued in a court of law for not giving notice for leaving.

The only downside I see here is a possible loss of a reference.
You will likely have a three-year gap on your employment resume.

So sorry.

I am an attorney. The contract does NOT become null and void, and the nanny may NOT immediately walk.
The employers breached the contract, and the nanny can ask for damages in a civil suit (since negotiations failed). But if the nanny breaches the notice obligations, she also is in breach of the contract and the employers will have to place a dollar amount of what damage that cost them and try to recover that from the nanny in a civil suit. In reality, they will not sue the nanny, as it is not worth the effort. It costs money to file a lawsuit, and the damages of the nanny leaving is hard to prove in court. Plus even if they "won" in court, they still need to go through a process to actually get the money from the nanny if she refuses and simply does not pay up.

But breach of contract aside, if the nanny walks without giving full notice, the current employers will always bring that up when and if they get a call for a reference check. Believe me, if I ever hear that a nanny gave zero notice and walked out, no matter how special or qualified the nanny candidate is, I would never hire her. If the nanny had to give 4 weeks in the contract, but explains to me why she only gave 2 weeks notice, that would not prevent me from hiring the person. But zero notice is a big F you to the employer that shows that the nanny is vindictive and petty and does not have good judgment to think about the consequences to the nanny herself as well.

So if I were the nanny, I would try to give them the full 4 weeks notice. and if you find a new MB that wants you to start sooner, then leave before the 4 weeks are up, but only if they old employers by that time had at least 2 weeks to find a replacement. 2 weeks is not too bad. Anything less, unless the parents super luck out with a new person that can start so soon (very very unlikely scenario),you really are causing harm to the parents with that short notice.

Totally irrelevant, but why did they pull the metro benefits and such? Do they not understand how a signed contract works? Or they think they are above the law?

Most attorneys understand “at will”. Why don’t you?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Was this in writing? You either take it to court and risk being terminated or find a new job and quit. I would give 1-2 weeks notice.

-1

Sorry, but I strongly disagree w/this advice.
If the other party is not holding up their side of a mutual contract,
then by all means the contract is null + void.

The Nanny may immediately walk.
Do not be afraid of court stories - no Nanny has ever been sued in a court of law for not giving notice for leaving.

The only downside I see here is a possible loss of a reference.
You will likely have a three-year gap on your employment resume.

So sorry.

I am an attorney. The contract does NOT become null and void, and the nanny may NOT immediately walk.
The employers breached the contract, and the nanny can ask for damages in a civil suit (since negotiations failed). But if the nanny breaches the notice obligations, she also is in breach of the contract and the employers will have to place a dollar amount of what damage that cost them and try to recover that from the nanny in a civil suit. In reality, they will not sue the nanny, as it is not worth the effort. It costs money to file a lawsuit, and the damages of the nanny leaving is hard to prove in court. Plus even if they "won" in court, they still need to go through a process to actually get the money from the nanny if she refuses and simply does not pay up.

But breach of contract aside, if the nanny walks without giving full notice, the current employers will always bring that up when and if they get a call for a reference check. Believe me, if I ever hear that a nanny gave zero notice and walked out, no matter how special or qualified the nanny candidate is, I would never hire her. If the nanny had to give 4 weeks in the contract, but explains to me why she only gave 2 weeks notice, that would not prevent me from hiring the person. But zero notice is a big F you to the employer that shows that the nanny is vindictive and petty and does not have good judgment to think about the consequences to the nanny herself as well.

So if I were the nanny, I would try to give them the full 4 weeks notice. and if you find a new MB that wants you to start sooner, then leave before the 4 weeks are up, but only if they old employers by that time had at least 2 weeks to find a replacement. 2 weeks is not too bad. Anything less, unless the parents super luck out with a new person that can start so soon (very very unlikely scenario),you really are causing harm to the parents with that short notice.

Totally irrelevant, but why did they pull the metro benefits and such? Do they not understand how a signed contract works? Or they think they are above the law?

Hi,
Sorry my comment is completely irrelevant here. But since you're a lawyer I wanted to ask a question. I'm really sorry for the irrelevant question. Not a nanny situation nor an employer situation. I'm a nanny but I'm also a student. I have hired a tutor that helped me for my classes. Unfortunately, one day I couldn't make an exam and he promised me to do it and I accepted because I have 3 three jobs. However, now he is trying to blackmail me and he is harrasing me to email my professor and tell him he did the exam for me if I don't pay him $5000. I don't really don't know what to do. I pay him $60 for each tutoring/weekly. Can you guide me how to handle this please?
Thank you

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Was this in writing? You either take it to court and risk being terminated or find a new job and quit. I would give 1-2 weeks notice.

-1

Sorry, but I strongly disagree w/this advice.
If the other party is not holding up their side of a mutual contract,
then by all means the contract is null + void.

The Nanny may immediately walk.
Do not be afraid of court stories - no Nanny has ever been sued in a court of law for not giving notice for leaving.

The only downside I see here is a possible loss of a reference.
You will likely have a three-year gap on your employment resume.

So sorry.

I am an attorney. The contract does NOT become null and void, and the nanny may NOT immediately walk.
The employers breached the contract, and the nanny can ask for damages in a civil suit (since negotiations failed). But if the nanny breaches the notice obligations, she also is in breach of the contract and the employers will have to place a dollar amount of what damage that cost them and try to recover that from the nanny in a civil suit. In reality, they will not sue the nanny, as it is not worth the effort. It costs money to file a lawsuit, and the damages of the nanny leaving is hard to prove in court. Plus even if they "won" in court, they still need to go through a process to actually get the money from the nanny if she refuses and simply does not pay up.

But breach of contract aside, if the nanny walks without giving full notice, the current employers will always bring that up when and if they get a call for a reference check. Believe me, if I ever hear that a nanny gave zero notice and walked out, no matter how special or qualified the nanny candidate is, I would never hire her. If the nanny had to give 4 weeks in the contract, but explains to me why she only gave 2 weeks notice, that would not prevent me from hiring the person. But zero notice is a big F you to the employer that shows that the nanny is vindictive and petty and does not have good judgment to think about the consequences to the nanny herself as well.

So if I were the nanny, I would try to give them the full 4 weeks notice. and if you find a new MB that wants you to start sooner, then leave before the 4 weeks are up, but only if they old employers by that time had at least 2 weeks to find a replacement. 2 weeks is not too bad. Anything less, unless the parents super luck out with a new person that can start so soon (very very unlikely scenario),you really are causing harm to the parents with that short notice.

Totally irrelevant, but why did they pull the metro benefits and such? Do they not understand how a signed contract works? Or they think they are above the law?

Hi,
Sorry my comment is completely irrelevant here. But since you're a lawyer I wanted to ask a question. I'm really sorry for the irrelevant question. Not a nanny situation nor an employer situation. I'm a nanny but I'm also a student. I have hired a tutor that helped me for my classes. Unfortunately, one day I couldn't make an exam and he promised me to do it and I accepted because I have 3 three jobs. However, now he is trying to blackmail me and he is harrasing me to email my professor and tell him he did the exam for me if I don't pay him $5000. I don't really don't know what to do. I pay him $60 for each tutoring/weekly. Can you guide me how to handle this please?
Thank you

Tell your professor and accept the consequences. Fire the tutor and let them know that you can’t be blackmailed because you already told the professor the truth.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Was this in writing? You either take it to court and risk being terminated or find a new job and quit. I would give 1-2 weeks notice.

-1

Sorry, but I strongly disagree w/this advice.
If the other party is not holding up their side of a mutual contract,
then by all means the contract is null + void.

The Nanny may immediately walk.
Do not be afraid of court stories - no Nanny has ever been sued in a court of law for not giving notice for leaving.

The only downside I see here is a possible loss of a reference.
You will likely have a three-year gap on your employment resume.

So sorry.

I am an attorney. The contract does NOT become null and void, and the nanny may NOT immediately walk.
The employers breached the contract, and the nanny can ask for damages in a civil suit (since negotiations failed). But if the nanny breaches the notice obligations, she also is in breach of the contract and the employers will have to place a dollar amount of what damage that cost them and try to recover that from the nanny in a civil suit. In reality, they will not sue the nanny, as it is not worth the effort. It costs money to file a lawsuit, and the damages of the nanny leaving is hard to prove in court. Plus even if they "won" in court, they still need to go through a process to actually get the money from the nanny if she refuses and simply does not pay up.

But breach of contract aside, if the nanny walks without giving full notice, the current employers will always bring that up when and if they get a call for a reference check. Believe me, if I ever hear that a nanny gave zero notice and walked out, no matter how special or qualified the nanny candidate is, I would never hire her. If the nanny had to give 4 weeks in the contract, but explains to me why she only gave 2 weeks notice, that would not prevent me from hiring the person. But zero notice is a big F you to the employer that shows that the nanny is vindictive and petty and does not have good judgment to think about the consequences to the nanny herself as well.

So if I were the nanny, I would try to give them the full 4 weeks notice. and if you find a new MB that wants you to start sooner, then leave before the 4 weeks are up, but only if they old employers by that time had at least 2 weeks to find a replacement. 2 weeks is not too bad. Anything less, unless the parents super luck out with a new person that can start so soon (very very unlikely scenario),you really are causing harm to the parents with that short notice.

Totally irrelevant, but why did they pull the metro benefits and such? Do they not understand how a signed contract works? Or they think they are above the law?

Hi,
Sorry my comment is completely irrelevant here. But since you're a lawyer I wanted to ask a question. I'm really sorry for the irrelevant question. Not a nanny situation nor an employer situation. I'm a nanny but I'm also a student. I have hired a tutor that helped me for my classes. Unfortunately, one day I couldn't make an exam and he promised me to do it and I accepted because I have 3 three jobs. However, now he is trying to blackmail me and he is harrasing me to email my professor and tell him he did the exam for me if I don't pay him $5000. I don't really don't know what to do. I pay him $60 for each tutoring/weekly. Can you guide me how to handle this please?
Thank you

Tell your professor and accept the consequences. Fire the tutor and let them know that you can’t be blackmailed because you already told the professor the truth.

PS-don't drink the Miralax

[Anonymous]

Anonymous wrote:What if the employers are physically and emotionally abusive? Would you still give any notice? As a nanny of 15 years this is the first time I've been physically (they placed miralax in high doses into my milk that I kept in their fridge...I had to go home it was so toxic...has some of the same ingredients found in antifreeze), while my employer smiled as I was relieved to go home. I think there must be excusable reasons to leave without notice.

Are you conflating polyethylene glycol with propylene glycol?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Was this in writing? You either take it to court and risk being terminated or find a new job and quit. I would give 1-2 weeks notice.

-1

Sorry, but I strongly disagree w/this advice.
If the other party is not holding up their side of a mutual contract,
then by all means the contract is null + void.

The Nanny may immediately walk.
Do not be afraid of court stories - no Nanny has ever been sued in a court of law for not giving notice for leaving.

The only downside I see here is a possible loss of a reference.
You will likely have a three-year gap on your employment resume.

So sorry.

I am an attorney. The contract does NOT become null and void, and the nanny may NOT immediately walk.
The employers breached the contract, and the nanny can ask for damages in a civil suit (since negotiations failed). But if the nanny breaches the notice obligations, she also is in breach of the contract and the employers will have to place a dollar amount of what damage that cost them and try to recover that from the nanny in a civil suit. In reality, they will not sue the nanny, as it is not worth the effort. It costs money to file a lawsuit, and the damages of the nanny leaving is hard to prove in court. Plus even if they "won" in court, they still need to go through a process to actually get the money from the nanny if she refuses and simply does not pay up.

But breach of contract aside, if the nanny walks without giving full notice, the current employers will always bring that up when and if they get a call for a reference check. Believe me, if I ever hear that a nanny gave zero notice and walked out, no matter how special or qualified the nanny candidate is, I would never hire her. If the nanny had to give 4 weeks in the contract, but explains to me why she only gave 2 weeks notice, that would not prevent me from hiring the person. But zero notice is a big F you to the employer that shows that the nanny is vindictive and petty and does not have good judgment to think about the consequences to the nanny herself as well.

So if I were the nanny, I would try to give them the full 4 weeks notice. and if you find a new MB that wants you to start sooner, then leave before the 4 weeks are up, but only if they old employers by that time had at least 2 weeks to find a replacement. 2 weeks is not too bad. Anything less, unless the parents super luck out with a new person that can start so soon (very very unlikely scenario),you really are causing harm to the parents with that short notice.

Totally irrelevant, but why did they pull the metro benefits and such? Do they not understand how a signed contract works? Or they think they are above the law?

Hi,
Sorry my comment is completely irrelevant here. But since you're a lawyer I wanted to ask a question. I'm really sorry for the irrelevant question. Not a nanny situation nor an employer situation. I'm a nanny but I'm also a student. I have hired a tutor that helped me for my classes. Unfortunately, one day I couldn't make an exam and he promised me to do it and I accepted because I have 3 three jobs. However, now he is trying to blackmail me and he is harrasing me to email my professor and tell him he did the exam for me if I don't pay him $5000. I don't really don't know what to do. I pay him $60 for each tutoring/weekly. Can you guide me how to handle this please?
Thank you

Tell your professor and accept the consequences. Fire the tutor and let them know that you can’t be blackmailed because you already told the professor the truth.

This is the only correct answer. Pay once and you will be blackmailed for years. And it will eventually come out anyway - so you will still get the consequences and you will be out even more money.

[Anonymous]

Anonymous wrote:Is a nanny required to give any to full notice period (4 weeks) if employers are violation of contract. They withdrew the raise they offered in January and no longer offering metro reimbursement. The nanny is unsure how to proceed since she has tried multiple times with employers to come to an amicable agreement for fair pay/benefits. This nanny has served with this family for close to three years. Advice is greatly welcomed!

No notice and because breached contract she is igible for unemployment until she finds a new job. She can also sue them.