Termination and severance fee question

[Anonymous]

So she's basically saying she can essentially do something terrible, like neglect your child which (lord forbid) leads to an injury, and you'd still have to pay her severance instead of just firing her? And she expects you to just accept that?

[Anonymous]

Sorry again.
I totally agreed what you said.
But she didn't.
She insists that ACCORDING to the contract, if she was fire for cause, she still get the 2 weeks severance.
That's why I want to know if the contract does say that.

Anonymous wrote:I still don’t totally understand you.

If you need to fire the nanny, but it is NOT her fault, let’s say you have to move, or you putting your child into daycare, ...
If nanny didn’t do anything wrong
You have to pay 2 weeks severance, or give notice

If you need to fire the nanny for cause (cause means she did something criminal, she lied, she stole, he drove kids without seat belts....
You can fire her NO severance NO notice

Does that answer your question?

[Anonymous]

You got my point.

Anonymous wrote:So she's basically saying she can essentially do something terrible, like neglect your child which (lord forbid) leads to an injury, and you'd still have to pay her severance instead of just firing her? And she expects you to just accept that?

[Anonymous]

Anonymous wrote:You got my point.

Anonymous wrote:So she's basically saying she can essentially do something terrible, like neglect your child which (lord forbid) leads to an injury, and you'd still have to pay her severance instead of just firing her? And she expects you to just accept that?

Yeah, I would say that is a hard no for me! I would not sign a contract with those terms, that is insane.

[Anonymous]

Be firm. "Nanny, if that is what the contract states, we need to change the language. I will NOT be paying you severance if you are fired with cause."

[Anonymous]

OP, the way it’s written is that if the nanny terminated for cause, you will owe 4 weeks of severance. The listed reasons are bolded below. By the way, having different amounts of severance and notice is NOT the norm. If it’s two weeks for notice, it’s two weeks for severance.

This is NOT a good contract. Find something better online, and have it checked by a lawyer or at least someone who speaks English very well (someone you trust).

GROUNDS FOR TERMINATION PARENT
Inconsistent or non-performance of agreed-upon job responsibilities
Unapproved guests
The following are grounds for immediate termination:
Use of illegal drugs, drinking or smoking on the job
Allowing the safety of the child(ren) to be compromised

If the Nanny has to immediately terminate her employment for cause, The nanny will be entitled to a severance package of 4 weeks pay.
Home is left in an unsafe or in an unsanitary manner
Physical, emotional, or sexual abuse from child or parent
Breech of Nanny’s privacy

TERMINATION: Either party may terminate the contract by giving 14 days’ notice for any or no reason, with or without cause and all obligations shall cease at the end of said 14-day period. In lieu of providing notice, Parents will give Nanny two weeks’ pay to terminate the contract immediately. Notwithstanding this, Parents may terminate Nanny immediately for just cause without notice (see “Grounds for Termination”). Notwithstanding this, Nanny may end the contract immediately for just cause without notice (see “Grounds for Termination”)

[Anonymous]

I think for what you are asking, that isn’t stated clearly in this contract.

[Anonymous]

Lol I don’t understand this contract 100-%
But, if it’s true what PP says that nanny wants 4 weeks of severance in case you have to fire her for cause- DO NOT hire her
She’s obviously a criminal
I wonder if she just wants your job
Be fired for cause
And collect 4 weeks pay what the hell
Maybe she’ll do something bad to your kids or steal things
DO NOT hire her!!!!! I mean what normal nanny asks for that????

[Anonymous]

Nobody seems to reading this correctly directly, which is why I said that OP needs a different contract.

The first portion deals with employer terminating nanny for cause. The part OP referenced is lower, in a section about the nanny terminating the contract for cause due to employer fault. Nowhere is anything said about the nanny getting severance if she did something wrong and is terminated for cause.

[Anonymous]

This is a poorly written contract. You can and always should ask for changes if something is unclear or unacceptable to you. The nanny is also in the wrong here. What is typical is to give 1) a list of reasons parents can terminate without notice or severance (if nanny does bad things) and 2) a list of reasons nanny can terminate without notice (if parents/children do bad things). If none of those apply, either side can terminate without reason but have to give some notice. Contract should ideally say that parents MAY give severance in lieu of notice, not that they WILL. MAY means you can choose which you want to do, depending on the circumstances.