Termination Provisions that Protect Nannies and Parents

[Anonymous]

I'm working on drafting a new agreement with a nanny and have been following some of the threads about termination and notice provisions that did not work out well for either side. Does anyone have some draft language they can share that does the following:
1 - gives both sides sufficient notice to find new arrangements
2 - guarantees the nanny's salary for a specified period
3 - does not create an incentive for the nanny to leave before the parents have new arrangements in place

[Anonymous]

1 - gives both sides sufficient notice to find new arrangements
2 - guarantees the nanny's salary for a specified period
3 - does not create an incentive for the nanny to leave before the parents have new arrangements in place

1. You can specify that both parties have an equal right to terminate with X weeks notification but this really is not enforceable for an at-will employee. You don't have recourse if she quits without notice (please ignore the crazy nanny poster who thinks she can sue employers who fire her and employers can sue nannies who quit). It serves to set an expectation that if the relationship and performance is in good standing both parties are incentivized to follow for good faith and future references.

2. If Nanny is available to work, nanny will receive guaranteed pay in the amount of X/hr for X/hrs per week.

3. You would handle this with severance bonus. You would not put this in the initial contract. When the time comes to let the nanny go, you can offer her a severance bonus if she stays working until your end date.

[Anonymous]

Anonymous wrote:

1 - gives both sides sufficient notice to find new arrangements
2 - guarantees the nanny's salary for a specified period
3 - does not create an incentive for the nanny to leave before the parents have new arrangements in place

1. You can specify that both parties have an equal right to terminate with X weeks notification but this really is not enforceable for an at-will employee. You don't have recourse if she quits without notice (please ignore the crazy nanny poster who thinks she can sue employers who fire her and employers can sue nannies who quit). It serves to set an expectation that if the relationship and performance is in good standing both parties are incentivized to follow for good faith and future references.

2. If Nanny is available to work, nanny will receive guaranteed pay in the amount of X/hr for X/hrs per week.

3. You would handle this with severance bonus. You would not put this in the initial contract. When the time comes to let the nanny go, you can offer her a severance bonus if she stays working until your end date.

What is your basis for concluding that a notice provision in an at will agreement is unenforceable? Clearly the parents can't force a nanny to work until the end of the required notice period, and the nanny can't force the parents to keep her on until then. However, I believe that in most jurisdictions, either party can sue for monetary damages for breach of a notice provision, even in an at-will contract. The notice provision is a term or condition of employment, not an end date to the employment relationship. Thus, there is no inconsistency between at-will status and a notice provision.

[Anonymous]

OP, please see the "What the smartest MB did" thread. You may find it of interest.
Good luck with your new nanny.