Anyone actually sued nanny for breaking her contract?

[Anonymous]

We have had our nanny for over a year in a nannyshare. We all thought everything was going well. The kids adore her as did the parents. She was well compensated. However, she had some family issues and became depressed. She took her two week vacation and has decided to stay in her country for several months. We tried to work with her and tell her that while we could not pay her for more time off, we would hold her job if she wanted it when she returned. She said no.

The contract stated that she needed to give us a month notice before basically quitting. Honestly, I would have even settled for two weeks notice despite the contract. Now, both families are completely in a bind without child care.

Just wondering if anyone has really done anything for breaking a contract.

[Anonymous]

Good luck with that. If you're in an at-will state, employees can resign and employers can terminate employment for any reason, no notice required. A contract that states otherwise is unenforceable.

[Anonymous]

Really OP?

[Anonymous]

You said yourself she's having issues. Would you want her caring for your children in that state? Isn't it best that she take the time she needs to take care of herself? Sorry, I've only had employers threaten to sue me over contract breach, and I was able to prove to them that they had no leg to stand on. I think you're being really petty, and that you should drop it, and commence with your childcare plan for if she had chosen to take unpaid time off. What do you expect to get out of suing her? The judge won't make her come work for you.

[Anonymous]

What state are you in?

[Anonymous]

You are a horses's ass, OP.

[Anonymous]

What exactly are you hoping to get out of suing your depressed ex-nanny?

[Anonymous]

OP is upset. They thought they had a great nanny, but the nanny has decided to quit without giving notice. I can understand that they feel upset and betrayed.

OP, you could sue, but what would you gain out of it? If the nanny is in another country, good luck with ever getting money out of her. It is going to cost you much more than it is worth to sue her. Your time, money, and emotions would be better spent focusing this situation into looking for a new nanny. Unfortunately, employees, no matter what the job, are going to leave employers high and dry. It sucks, but what good is it going to do you to hang on to the feelings you have? You are entitled to your feelings, but don't get stuck there.

[Anonymous]

Your nanny did the right thing in taking the time she needs and trying to help herself. How quickly we forget the stories of the mothers, nannies, and caregivers who were clearly having issues, but got no help, and snapped. Yoselyn Ortega? Not saying your nanny would do anything like that, but you never know, and its best for people to get the help/take the time they need. Seriously, OP, it may be inconvenient for you, but everyone is better off if your nanny takes care of herself before things take an ugly turn. You're being selfish, and don't realize what a blessing this may have been.

[Anonymous]

I think suing would be a douche move. Suing is not going to make you magically have childcare. Just move on.

[Anonymous]

If you're so busy running around for childcare, how will you have time to sue her in small claims court? And, she's out of a job - all you can sue for is money, so do you honestly think she will HAVE any money? The majority of nannies seem to live very close to paycheck to paycheck.

May be best to just accept shit happens and move on, focusing your energies on finding a new nanny.

[Anonymous]

sorry OP, you cannot be real. you say that you could hold the spot for your nanny for months, and now claim that the fact that she is not going to come back "in months" put you in a bind? this does not make any sense. and it is much easier to find a new nanny than a good nanny for a few months. plus, even admitting that there are very, very stupid people on DCUM, you cannot be really so stupid to think that you can sue a nanny who most likely has no money and is living abroad because she did not give you two weeks notice (and took time off because she has mental issues, something no even remotely sane parent would like in a nanny).

[Anonymous]

You're an asshole OP. Not to mention, you don't have a leg to stand on.

[Anonymous]

I would much rather have my nanny quit with no notice then Have dead kids. Be thankful she quit.
What exactly would you sue her for? Meaning what amount a months pay? I'm curious.

[Anonymous]

You can't even sue a nanny in your own town, let alone in another country. Most nannies live hand to mouth on what you pay them.