Nanny doesn't want to sign a contract
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Anonymous
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I am currently in a 2 week trial period with a nanny in the DC area (today was our first day of the trial). The nanny has over 20 years of experience and great references. Today I asked her for her email address so that I can send her a draft of the contract for her review. She seemed surprised and mentioned that she has never signed a contract in the 20 years that she has worked in the area. She then mentioned that she would rather wait "3 months or so" to get to know us better, before she entered in to a contract with us.
I'm confused, why would the nanny be hesitant to sign a contract? It makes sense to protect both her and our interest right? It outlines Holidays, Hours, vacation, sick and snow policies, etc. I really like the nanny, but see this as a red flag. Do you guys agree / disagree? Thanks! |
Anonymous
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MB here. I would be concerned as well.
Our nanny was a little unaccustomed to a contract (and she is also quite experienced) but I explained that it protected her as much as us, and that it would spell out all of her benefits, rights to notice of termination, etc... I also made it clear that we consider her a professional and wanted to treat her accordingly. Also, just FYI, in Montgomery County (Maryland) it's actually required that the employer offer the nanny a written work agreement. |
Anonymous
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I think you need to ask her how she sees those three months. Are you up for a 90-day trial period?
If you've called her references, then you should have a good idea if she's stayed at jobs long term before, but that would be my first concern. My second concern would be that she actually sees something better on the horizon and is taking your job as an interim measure. Who set the pay rate? You or her? |
Anonymous
| Why don't you agree a 3-month contract and set out the terms on which either party can terminate employment? Usually employment law prevails anyway, I think a contract is probably more like a written agreement than a legally binding document. |
Anonymous
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You can't enforce it anyhow.
It really serves as goodwill and scope of the job. |
Anonymous
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Anonymous
| You drafted the contract and just expect her to sign it. Of course it has a bias! The time to NEGOTIATE and sign the contract is before she even starts working for you, trial or not. I'd say give her the 90 trial, have a contract meeting where you explain the terms if she needs that, and let her voice concerns and add/take away things you both agree to. |
Anonymous
| MB here. I think that even if she doesn't want to sign a contract, I would send an email listing what you agreed to. Even the most reasonable person who has never had a problem in 20 years could suddenly get very sick and expect unlimited sick time, or could have a very different idea of "flexible" than you do, or decide that what you think is reasonable regarding holidays/snow days/food in the house is actually unreasonable. She may expect benefits you weren't planning to give, or, alternatively, you may expect services she wasn't planning to provide. |
Anonymous
| Contracts are unenforceable and useless. Why would you push one on her? |
Anonymous
+1 |
Anonymous
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Perhaps she just has issues w/signing things in general.
Maybe she has had a bad experience in the past w/singing something that later came back to burn her. It could be something like that. In all honesty OP, even if she does sing a contract w/your family, there is really no way you can enforce it in a court of law. If she leaves w/out adequate notice for instance, it is not like you can sue her in court for services not rendered. Would you even want to go through the expense and effort to do so? I have been working as a nanny for almost a decade and have never been asked to sign a contact. I just have verbal contracts w/the family's I work for, we call them "Gentlemen's Agreements" and they have always worked well for both sides. |
Anonymous
Agreed as a nanny, I will never again work without a contract/ work agreement. It has nothing to do with bringing it to court. You can talk, and have trial periods etc, but there is something about putting thins in writing that makes peoples' intentions clear. I would explain to her why you want one and that you are open to in put from her on it. If you want an agreement it is your right to insist on it. If she refuses she may not be the best fit for you. |
Anonymous
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OP here, thank you everyone for your great responses. I spoke to her this weekend and she is still insistent on not signing a contract. I have typed up a welcome letter that details just about everything that was going to be in the contract. We will use this for our trial period and see how it goes.
I'm nervous, but hopeful that it will workout. She seems good with my lo and all of her previous employers strongly backed her and her work ethic. |
Anonymous
| She may be intimated by the idea of a "contract" and thinks that it puts her in a legally binding position (I’m guessing though that you want her to think that?). Call it something else, procedure, job outline, expectations…. |
Anonymous
Hopefully it works out. Some nannies are strongly opposed to contracts they feel it is too formal and ruins the "like family vibe" Just because she won't sign doesn't mean she will take advantage of you. What matters is you are comfortable with her caring for LO 110% and that you are comfortable being her boss. Good luck! |