Severance Terms in Nanny Contract

[Anonymous]

You proved my point by discrediting my friend's cause of termination (not surprising). I guess ALL of you MB's tell the truth right?!!! Thanks for your unbiased and knowledgeable opinion, it was VERY encouraging. I came on this site to get a question answered, I'm not here to go back and forth with an MB who probably has too much free time on her hands. Have a wonderful night.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Homework Solutions' sample contract says
"Nanny is an “at will” employee and may choose to work for the family for as little
or as long as she desires. Likewise, the employer may continue the nanny’s
employment for as little or as long as he/they wish. We wish to provide the
nanny with a secure employment situation, to provide our child(ren) with a
stable care-giving environment, and to facilitate the orderly transition between
employment. Therefore, both parties agree to provide ____ weeks notice of
intent to terminate this agreement (or pay in lieu of such notice), except when
such termination is for cause.

Cause is defined as any action on the part of the nanny that endangers the
children in her care, non-performance of job responsibilities, theft or dishonesty,
smoking or alcohol use on duty or any use of illegal drugs, persistent tardiness or
absenteeism, or violation of the confidentiality clause. "

http://www.homeworksolutions.com/wp-content/uploads/2014/11/HWS-WorkAgreementTemplate-1114.pdf

What about "cause" on the part of the employer, such as persistent tardiness?

Why does this contract seek to protect only the employer?? Red flag.

[Anonymous]

Anonymous wrote:You proved my point by discrediting my friend's cause of termination (not surprising). I guess ALL of you MB's tell the truth right?!!! Thanks for your unbiased and knowledgeable opinion, it was VERY encouraging. I came on this site to get a question answered, I'm not here to go back and forth with an MB who probably has too much free time on her hands. Have a wonderful night.

I'm a pp who is also an MB who didn't believe you were a boss. I didn't believe it because I know how hard it is to find a good nanny, and how hard I and my husband work to retain a nanny and work through concerns or problems before firing someone.

No one I know would fire a nanny for leaving a child in a high chair while she goes to the bathroom, or being on the phone once for a few minutes, or perhaps leaving them in the crib for a little while. Those are small items, perhaps not even an issue, and not worth terminating employment over without discussion. As you said, there are two sides to the story and you have only gotten one. If your friend had done something about which she was embarrassed or ashamed then she may not be telling you.

I would fire someone without notice for theft, harming my child (or putting my child at risk/in harm's way), lying to me, taking my child somewhere inappropriate, bringing people in to my home without letting me know, etc...

I would encourage my nanny to leave a baby in a high chair or other safe place when she had to go to the bathroom or walk away for a minute. I might encourage my nanny to leave a child in a crib if we were working on nap structure/quiet time, etc...

Your examples didn't make sense as reasons for firing. So you either don't know the whole story (which is very easy to imagine) or you have a chip on your shoulder. Seems to me that you got fairly balanced feedback overall but you're just looking for a reason to be angry.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Homework Solutions' sample contract says
"Nanny is an “at will” employee and may choose to work for the family for as little
or as long as she desires. Likewise, the employer may continue the nanny’s
employment for as little or as long as he/they wish. We wish to provide the
nanny with a secure employment situation, to provide our child(ren) with a
stable care-giving environment, and to facilitate the orderly transition between
employment. Therefore, both parties agree to provide ____ weeks notice of
intent to terminate this agreement (or pay in lieu of such notice), except when
such termination is for cause.

Cause is defined as any action on the part of the nanny that endangers the
children in her care, non-performance of job responsibilities, theft or dishonesty,
smoking or alcohol use on duty or any use of illegal drugs, persistent tardiness or
absenteeism, or violation of the confidentiality clause. "

http://www.homeworksolutions.com/wp-content/uploads/2014/11/HWS-WorkAgreementTemplate-1114.pdf

What about "cause" on the part of the employer, such as persistent tardiness?

Why does this contract seek to protect only the employer?? Red flag.

The nanny can give notice if the employer is perpetually late and she no longer wants to work in that environment. She doesn't even need to say why, just give her x weeks notice whatever the contract says. If you quit without notice, no employer is going to consider continuing to pay you. You quit without notice you basically screw up any hope of a good reference because you broke your contract and left the employer high and dry. I think the contract adequately and fairly protects both parties IMO.

[Anonymous]

Nope, no severance terms in nanny's contract nor the other 10 examples I collected here in NY when writing our contract 3 years ago.

Have actually never seen severance terms in any profession's hiring contracts. And I work in HR, now at my 3rd corporation over 15 years.

[Anonymous]

In the event that you didn't offer her severance, I highly doubt a nanny contract would hold up in a court of law.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Homework Solutions' sample contract says
"Nanny is an “at will” employee and may choose to work for the family for as little
or as long as she desires. Likewise, the employer may continue the nanny’s
employment for as little or as long as he/they wish. We wish to provide the
nanny with a secure employment situation, to provide our child(ren) with a
stable care-giving environment, and to facilitate the orderly transition between
employment. Therefore, both parties agree to provide ____ weeks notice of
intent to terminate this agreement (or pay in lieu of such notice), except when
such termination is for cause.

Cause is defined as any action on the part of the nanny that endangers the
children in her care, non-performance of job responsibilities, theft or dishonesty,
smoking or alcohol use on duty or any use of illegal drugs, persistent tardiness or
absenteeism, or violation of the confidentiality clause. "

http://www.homeworksolutions.com/wp-content/uploads/2014/11/HWS-WorkAgreementTemplate-1114.pdf

What about "cause" on the part of the employer, such as persistent tardiness?

Why does this contract seek to protect only the employer?? Red flag.

The nanny can give notice if the employer is perpetually late and she no longer wants to work in that environment. She doesn't even need to say why, just give her x weeks notice whatever the contract says. If you quit without notice, no employer is going to consider continuing to pay you. You quit without notice you basically screw up any hope of a good reference because you broke your contract and left the employer high and dry. I think the contract adequately and fairly protects both parties IMO.

Did you see "Essential Procedures"?