contract, agreement, and level of complexity questions

[Anonymous]

Holly Moly people. I am overwhelmed by the degree of complexity in the sample contracts that I found online. I found a nanny agreement that I like because I think the "contracts" are overkill. Also, I'm not a lawyer and can't see suing a nanny. I think our family just wants a document that sets expectations and makes everybody feel comfortable. Is there a reason I should do a formal, legal-looking contact that I don't know about?

and under what circumstances can a nanny sue me? I would think I would only fire for cause and if I lost my job and decided to not look for another I would do something friendly like help her find a job and give her a lot of notice.

What am i missing here?

Thanks.

[Anonymous]

Anything you both sign is technically a contract.

[Anonymous]

What you want is clarity. So if what is overwhelming you is level of detail, you really don't want to lose that. If the contracts are confusing and have "legalese," I agree not necessary.

Spend some time skimming this board if you haven't already, and you can see the issues that come up again and again - exactly which holidays off, snow days, extent of duties, sick policies....etc

It's those sorts of things that you agree on, and then aren't issues for another 6 months when everyone has forgotten the initial conversation. That's what you want clarified in the work agreement.

Don't think of it as something that has to do with suing or penalties. Think of it as a detailed, clear way to be communicate expectations.

[Anonymous]

This is helpful. I have a work agreement that I copied from Care.com and added some stuff that I did find on this board and like you mentioned. Snow days. I also have a more detailed "job description" that I think I might add as an addendum since it's more detailed but might just add it to the document itself. There's a lot on this board but also a lot of argument so it's hard to find the good stuff from the time-wasting stuff sometimes.

[Anonymous]

MB here. I felt like you when I started researching/considering hiring a nanny. Then I started working out all the specifics of what we need, what we'll pay for (benefits, vacation, overtime, driving reimbursement, etc...), what our basic expectations are (entertaining other people in the house, food provisions, space allocation for nanny's personal use, discipline decisions, etc...) and very quickly understood how these documents can become pretty specific.

Now that I've been a nanny employer for a couple of years, I'm even more persuaded that a contract/agreement is critical and very helpful to both sides. It allows you to establish expectations and compensation very clearly - which prevents confusion and misunderstandings. It lets you have a document you all agreed to before you knew each other - so it's impartial in a way that can be difficult after someone has become part of your extended family. It reflects professionalism on all sides - your nanny is a professional to be respected, and you are the boss - which also requires respect. A good, fair, thorough agreement reflects that and (should) protect the interests of all involved.

In the event that something goes seriously wrong (theft, injury to the child, failure to show up on time, etc...) the agreement gives you clear grounds for termination.

The clarity and thoroughness of it will protect you from far more common challenges than a lawsuit.

Yes it takes real work to put together, and can feel awkward or uncomfortable. But it will protect all of you in the long run if you do it well.

Good luck.

[Anonymous]

OP here:

Thanks PP. all of this should be in our contract/agreement?;

"entertaining other people in the house, food provisions, space allocation for nanny's personal use, discipline decisions, etc"

I have a phrase something like this: "provide care to children in the way outlined by parents both verbally and in writing". Will that suffice? It's hard to be more clear when we are talking about an infant b/c somethings may not work for this child.

Also, I do want a nanny who will give me suggestions. Can't figure out how to put that in the agreement.

[Anonymous]

11:00 poster here.

Here is some of the language we have in our contract:

Ms. X. is expected to provide the care for the children in the manner requested by (our names). The parents will make all dietary, medication, discipline, and lifestyle decisions and Ms. X. is expected to carry out their wishes as instructed. The parents welcome suggestions about the care of the children, but no changes should be made without discussion and approval.

Extras: Ms. X. is entitled to use household conveniences such as the phone (domestic calls only), television/cable/stereo, and kitchen facilities for her own purposes, as well as for care of the children. Food will not be provided for Ms. X. but space for Ms. X. to bring and store her own food will be provided if she wishes.

[Anonymous]

That's good Ms. X employer. Very helpful.