mb can "ask" me anything she wants

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:You can both even sign any paper you want. Federal law makes both nanny and employer "at will". The only thing in the AGREEMENT that is legal, is that you get paid properly. All the other muck is for the nanny to FEEL obligated to perform unreasonable demands. The mb can fire you any minute she feels like it, and by the very same token, you can quit any minute you feel like it. No 2 weeks notice is "required", even if they put that in the papers. It's often endless intimidation by abusive Mbs who think nannies are stupid. Not every mb, but most of them.

This is wrong.

What you may be getting at is that there is no such thing as requiring someone to work against their will - indentured servitude not ok in the US. But you can sure as hell make them pay instead if both parties agree!

Make who pay what?

Pay instead of giving notice, either party.

Nannies don't have that kind of money, Einstein. Judges know that.

So, if I don't have any money when I get sued for breach of contract, my behavior is just fine because I'm poor?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Nannies posting that contracts are unenforceable: did you go to law school?

There are certain types of agreements or terms that MAY be in a contract that would be unenforceable. But are you trying to argue that if the contracts says you get paid $20/hr and employer gives you paid holidays, but then employer shorts you by $2/hr an refuses to pay holidays, that you wouldn't argue that the contract is enforceable? Of course you would. It is a legal agreement. In the case of a dispute, the court will look to the legal agreement.

Here are some terms in our agreement that are enforceable. One is that if nanny takes vacation in excess of accrued amount, nanny must repay at termination (or it is withheld from her fina check). Another allows for immediate termination with no separation pay if nanny uses cell phone while driving. Another is that we have agreed to pay for certain holidays. All are enforceable.

What's not enforceable is requiring someone to work for you for the full term of the contract. There may be an early termination penalty, but you cannot force someone to remain in your employ. That would indeed be unenforceable as it is contrary to public policy.

But to say a nanny contract isn't a contract or is unenforceable as a whole is simply wrong.

While I agree that if someone states that they will pay you $20/Hr, then shorts you $2/Hr, etc., then yes....That would stand up in a court of law. It is illegal to lie about salary to an employee.

But that is not the same as a nanny quitting a job w/out the agreed upon time since a judge cannot order a nanny to perform labor services or pay for hours she didn't work.

We are all comparing apples to oranges here.

An employer can be sued for not paying what was not agreed upon upon acceptance of a job, yet a nanny cannot be sued for leaving a job before a certain time, even if a contract was signed. "At will" applies to both sides, if either side decides they no longer can work together, each had the right to leave unless malice or retribution is involved.

If anyone on here can post a link on here where a former nanny was successfully sued in a court of law, I will eat crow.

Sweetheart, "at will" is simply the default designation. You are at will until you are designated as something else. It depends on the actual terms of your contract, but you can give up that at will designation and become a contract term employee, subject to certain termination terms.

For example, my contract requires 30 days of notice or severence unless I am found guilty of a crime, fail to perform my contracted duties, or put the children in danger. I am required to give 30 days of notice unless the parents break the terms of the contract, are over a week late with my paycheck, or they fail to provide a safe work environment. It also states what my responsibility will be if I fail to give that notice (I forfeit the right to payment of unused but accrued leave).

At will employment is all well and good, but it can be in a nanny's best interest to actually set terms regarding termination, and there is no reason this can't be done.

???

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Nannies posting that contracts are unenforceable: did you go to law school?

There are certain types of agreements or terms that MAY be in a contract that would be unenforceable. But are you trying to argue that if the contracts says you get paid $20/hr and employer gives you paid holidays, but then employer shorts you by $2/hr an refuses to pay holidays, that you wouldn't argue that the contract is enforceable? Of course you would. It is a legal agreement. In the case of a dispute, the court will look to the legal agreement.

Here are some terms in our agreement that are enforceable. One is that if nanny takes vacation in excess of accrued amount, nanny must repay at termination (or it is withheld from her fina check). Another allows for immediate termination with no separation pay if nanny uses cell phone while driving. Another is that we have agreed to pay for certain holidays. All are enforceable.

What's not enforceable is requiring someone to work for you for the full term of the contract. There may be an early termination penalty, but you cannot force someone to remain in your employ. That would indeed be unenforceable as it is contrary to public policy.

But to say a nanny contract isn't a contract or is unenforceable as a whole is simply wrong.

While I agree that if someone states that they will pay you $20/Hr, then shorts you $2/Hr, etc., then yes....That would stand up in a court of law. It is illegal to lie about salary to an employee.

But that is not the same as a nanny quitting a job w/out the agreed upon time since a judge cannot order a nanny to perform labor services or pay for hours she didn't work.

We are all comparing apples to oranges here.

An employer can be sued for not paying what was not agreed upon upon acceptance of a job, yet a nanny cannot be sued for leaving a job before a certain time, even if a contract was signed. "At will" applies to both sides, if either side decides they no longer can work together, each had the right to leave unless malice or retribution is involved.

If anyone on here can post a link on here where a former nanny was successfully sued in a court of law, I will eat crow.

Sweetheart, "at will" is simply the default designation. You are at will until you are designated as something else. It depends on the actual terms of your contract, but you can give up that at will designation and become a contract term employee, subject to certain termination terms.

For example, my contract requires 30 days of notice or severence unless I am found guilty of a crime, fail to perform my contracted duties, or put the children in danger. I am required to give 30 days of notice unless the parents break the terms of the contract, are over a week late with my paycheck, or they fail to provide a safe work environment. It also states what my responsibility will be if I fail to give that notice (I forfeit the right to payment of unused but accrued leave).

At will employment is all well and good, but it can be in a nanny's best interest to actually set terms regarding termination, and there is no reason this can't be done.

???

What "terms" regarding termination have ever been enforced in court, beyond wage issues? None that I know of.

Is anyone here an employment attorney to weigh in on this?