Enforceable contract

[Anonymous]

Is there such a thing in the nanny world?
Ever heard of an actual instance?
What was it about?

[Anonymous]

At the end of the day, the only way a parent can enforce a nanny contract is by letting a nanny go. For a nanny, that's also the main remedy (quitting) except in the case of compensation. If you haven't been paid for hours actually worked, you can get that remedied legally.

[Anonymous]

Thank you for your response. You sound like you know what you're talking about. This is excellent information for everyone. Thanks again!

[Anonymous]

Agree with the previous poster. The term contract is also used inappropriately. A nanny is an at will employee and the document is a work agreement not a contract. This doesn't mean that it isn't important but it changes the nature of how the document can be used.

[Anonymous]

Wow, I am shocked by this information.

[Anonymous]

Most of what usually goes into a typical contract, is just about everything the nanny is obligated to do for the family. Not so much about the parents obligations, not even a penalty for late paychecks. And the entire "contract" is a hoax?? Looks like the not so bright nannies have been HAD.

[Anonymous]

Anonymous wrote:Most of what usually goes into a typical contract, is just about everything the nanny is obligated to do for the family. Not so much about the parents obligations, not even a penalty for late paychecks. And the entire "contract" is a hoax?? Looks like the not so bright nannies have been HAD.

You can add anything you want into a contract. If you want there to be a $20 fee (to you) every time their check bounces, or they are late past normal payday, you can write it in (if they agree to it). Try it next time.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Most of what usually goes into a typical contract, is just about everything the nanny is obligated to do for the family. Not so much about the parents obligations, not even a penalty for late paychecks. And the entire "contract" is a hoax?? Looks like the not so bright nannies have been HAD.

You can add anything you want into a contract. If you want there to be a $20 fee (to you) every time their check bounces, or they are late past normal payday, you can write it in (if they agree to it). Try it next time.

Yes you can do that, but s other posters have stated, in the end all you can do is quit. There are a few things that are legally enforceable, like minimum wage, OT, and payment for all hours worked, but that's pretty much it. As a nanny, we are not protected by most employment laws because we are typically the only employee.

[Anonymous]

Do you think it'd go over, to put in the 'contract', that every time hubby comes downstairs in his undies, there should be some sort of penalty? I don't mean, "sorry, I thought you were somewhere else". Some of these men think it's cute to humiliate the nanny or housekeeper like that.

[Anonymous]

Oh my, what's a nanny to do?
Just hope for the best?
Doesn't seem too intelligent.

[Anonymous]

At the end of the day, the only way a parent can enforce a nanny contract is by letting a nanny go. For a nanny, that's also the main remedy (quitting) except in the case of compensation. If you haven't been paid for hours actually worked, you can get that remedied legally.

People. She's being sarcastic.

[Anonymous]

What's sarcastic? The bogus "contract"?

If it's impossible to enforce, then call it what it is:

A letter of agreement.

That simple.

[Anonymous]

I guess the only thing I've heard of, is parents being forced to pay up on wages, OT, or taxes. Never have heard of anything about a nanny, unless she willfully hurt the kids.

[Anonymous]

OT and taxes are governed by state and federal employment law. The nanny has recourse on this whether she has a contract or not.

A contract from a legal standpoint protects the family more than the nanny. The family has a documented record of the actual base and OT to protect themselves against a nanny years later trying to claim the average rate she negotiated was actually her base. The employer can include both specific and more general expectations. If the nanny doesn't meet these they are well protected firing her for cause and not using the notification period stipulated for letting her go for issues other than cause.

From the nannies standpoint, a contract or work agreement helps her more from the standpoint of having elements of the job clarified. Unless you are planning on being intentionally manipulative and not bringing up any perks with hopes to get them later, the contract is the perfect place to get everything spelled out in terms of PTO, holidays, vacation, vaccine requirements, mileage reimbursement, food/drink etc et.

Nannies are better off being employees rather than a service provider under a contract. As an employee you will be fired for doing a bad job but your employer can't sue you for back wages because even though you were there, you didn't complete the full service.

[Anonymous]

Thank you 12:31. Could please further explain your last paragraph? What do you mean by service provider? Haven't heard of that before. Is it the same as domestic employee?