Firing Nanny - Need a Release of Claims Form

[Anonymous]

My friend is letting her nanny go. Under the contract she is obligated to pay four weeks severance, unless termination is for cause. My friend believes it's for cause and the nanny is entied to nothing, but my friend is willing to pay two weeks severance to make the transition smoother for everyone. Nanny leaves ASAP but with two extra weeks of pay.

First, does anyone have a link to a release of claims form? Or language she can cut and paste? She wants the nanny to release all claims in exchange for the severance.

Second, any advice? This is new territory for her, and I've never had a nanny, so I'm useless.

Thx.

[Anonymous]

What is your "friends" cause for firing the nanny? If 4 weeks is in the contract- she owes 4 weeks. Why does she think it's okay to only pay a 2 week severance? And what are you talking about- a release of claims form? For what?

[Anonymous]

Does the contract define cause? What is the cause your friend believes she is firing her for? Persistent tardiness, non performance of duties?

[Anonymous]

Anonymous wrote:What is your "friends" cause for firing the nanny? If 4 weeks is in the contract- she owes 4 weeks. Why does she think it's okay to only pay a 2 week severance? And what are you talking about- a release of claims form? For what?

Not true. Op stated that in that clause it states 4 weeks notice unless there is cause. For instance, my friend recently fired her nanny when she left the 6 month old baby upstairs napping while nanny played in the pool with the 6 year old. No baby monitor was used. My friend came home early.and found her baby screaming and crying hysterically because she woke up and no one came to get her. Fired her for cause and did not honor the 3 week notice/severance.

[Anonymous]

Anonymous wrote:

Anonymous wrote:What is your "friends" cause for firing the nanny? If 4 weeks is in the contract- she owes 4 weeks. Why does she think it's okay to only pay a 2 week severance? And what are you talking about- a release of claims form? For what?

Not true. Op stated that in that clause it states 4 weeks notice unless there is cause. For instance, my friend recently fired her nanny when she left the 6 month old baby upstairs napping while nanny played in the pool with the 6 year old. No baby monitor was used. My friend came home early.and found her baby screaming and crying hysterically because she woke up and no one came to get her. Fired her for cause and did not honor the 3 week notice/severance.

Well that is certainly for cause! I'm not the pp you were responding to, but from OPs post, it sounds like the cause in this case is iffy, and what the friend really wants is to let her nanny to while also getting out of the agreed upon severance.

[Anonymous]

What is the cause for firing?

[Anonymous]

I'm the OP. The cause is not iffy -- it's something similar to what PP described above.

[Anonymous]

Anonymous wrote:I'm the OP. The cause is not iffy -- it's something similar to what PP described above.

In your OP you said your friend "thinks" its for cause, so that's where I got the iffy from. Also think its strange that your situation is similar to the 1 anonymous stranger who posted. I'm smelling an uncreative troll.

[Anonymous]

Anonymous wrote:I'm the OP. The cause is not iffy -- it's something similar to what PP described above.

I'm the pp with the story. If the situation is truly similar to what happened to my friend, i dont know how your friend could believe it is for cause. I also hope the nanny is not still watching her children while your friend decides what to do. My friend paid the nanny what she was owed and said that was that.

[Anonymous]

I didn't think this was a troll post...but with this forum you never know.

Why can't you tell what the cause for firing is? In your OP you said your friend believed there was a cause yet she is willing to pay 2 weeks of the contracted 4 weeks severance? If the nanny truly did something to warrant being fired, there would be no severance and your friend wouldn't care about things ending smoothly.

Something is fishy here...clearly you aren't giving the whole story.

[Anonymous]

If I were the nanny, I would not sign any release. Your friend should give her the four weeks notice. If she has a genuine "cause" hhen why would she even give her two weeks when the contract is specific about firing for cause. You are either a troll or stupid, possibly botj.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I'm the OP. The cause is not iffy -- it's something similar to what PP described above.

In your OP you said your friend "thinks" its for cause, so that's where I got the iffy from. Also think its strange that your situation is similar to the 1 anonymous stranger who posted. I'm smelling an uncreative troll.

Not a troll. I said my friend "believes" it's for cause because the term is not defined in the employment agreement, not because the reason is iffy.

[Anonymous]

Anonymous wrote:If I were the nanny, I would not sign any release. Your friend should give her the four weeks notice. If she has a genuine "cause" hhen why would she even give her two weeks when the contract is specific about firing for cause. You are either a troll or stupid, possibly botj.

My friend wanted to be humane. She didn't want to leave the nanny high and dry, even though the contract says she could. But she doesnt want it to come back and bite her in the butt if the nanny later demanded the other two weeks of severance. Hence, the request for the release. (Offer to nanny is either no severance "for cause", or two weeks severance and a release, even though it's really for cause. )

FWIW, my advice has been to pay the four weeks and be done with it. Yes, it's for cause, but it's not worth the drama. She's on the fence about it.

[Anonymous]

Why won't you tell what the cause is? If you believe the nanny should get the contracted 4 weeks severance and your friend should just wipe her hands clean, why can't you be honest about the cause for firing? Do you think the nanny reads these forums? I am very curious to know what the nanny did wrong.

[Anonymous]

I don't understand the tactic of going halfway. If the nanny did something deeply problematic, then let her go with cause and don't pay severance. If she did something more mild, and it just "feels" like severance is reasonable, then pay the severance in the contract.

2 weeks severance feels like you are saying she was fired withgood cause, but are being cheap. Seems to put the MB on iffy ground.