Our nanny quit unexpectedly

[Anonymous]

We hired a nanny for a three month temp position with the possibility of it extending if we didn't have my mother become our daughter's primary caretaker. It's been two months and our nanny has missed 5 days for sickness ( strep throat and flu) and because her mother suffered a heart attack. We really liked her and she was incredible with our daughter but her reliability was an issue. We want a nanny who won't take days off. We informed last week that we aren't interested in keeping her. We let her know we will have another nanny if my mother isn't available. She quit today and gave the excuse that she found a position that starts before this position ends. We now have a week to find a new nanny ( she gave us a week notice). My husband feels we shouldn't have to pay her for her last week with us because she is leaving. I feel a little bad because we didnt pay for any sick days and she is wonderful. The weirdest part is all her former references said she was very reliable and rarely took a sick day. Regardless of that fact..can we legally not pay her because she is quitting anyway or somehow take her to court for quitting before the position end? We do have a contract.

[Anonymous]

MB here. If she works you have to pay her. I assume you did not pay her for the days she called in sick. Does the contract say that she is required to give you two weeks notice upon leaving?

Quite frankly if you refuse to pay her for ANY work she performs I think she could take YOU to small claims court AND WIN.

Yes it's terrible that she missed days after working only two months but shit happens sometimes. It sounds like a horrible streak of bad luck she had.

[Anonymous]

Anonymous wrote:MB here. If she works you have to pay her. I assume you did not pay her for the days she called in sick. Does the contract say that she is required to give you two weeks notice upon leaving?

Quite frankly if you refuse to pay her for ANY work she performs I think she could take YOU to small claims court AND WIN.

Yes it's terrible that she missed days after working only two months but shit happens sometimes. It sounds like a horrible streak of bad luck she had.

We didn't put any limit on notices and she wasn't paid for taking days off. Her reliability, or lack thereof, is not our problem. We already informed her not to use us as a reference.

[Anonymous]

Regardless of how many days she missed due to being sick, family emergencies and the like, if she works, she has to get paid. You can't not pay her because she's quitting earlier than you expected. It's a shitty thing to do on her part, but if she performs a service, you have to pay her for it.

[Anonymous]

Anonymous wrote:

Anonymous wrote:MB here. If she works you have to pay her. I assume you did not pay her for the days she called in sick. Does the contract say that she is required to give you two weeks notice upon leaving?

Quite frankly if you refuse to pay her for ANY work she performs I think she could take YOU to small claims court AND WIN.

Yes it's terrible that she missed days after working only two months but shit happens sometimes. It sounds like a horrible streak of bad luck she had.

We didn't put any limit on notices and she wasn't paid for taking days off. Her reliability, or lack thereof, is not our problem. We already informed her not to use us as a reference.

Then you have zero basis for taking her to court. And just to reiterate, if she works you MUST pay her. And actually, her lack of reliability WAS your problem, since it caused you to tell her you wouldn't be extending her position. Now you have the problem of having one week to find a replacement.

[Anonymous]

Have you found someone yet? my nanny is looking

[Anonymous]

I think there is a lot that you aren't telling, OP. If she wirked you and your skank DH have to pay her.

[Anonymous]

I think you reap what you sow. It sounds like your otherwise wonderful nanny had a streak of bad luck (people get sick, it happens) and you were less than understanding about it. You have to pay her if she works. Would you rather that she brought strep and the flu into your house? I'd treat any future employees with more kindness, or this will not be the last time you find yourself high and dry without a nanny.

[Anonymous]

Op this is an opportunity for you and your husband to learn lessons about hiring and keeping a nanny. The situation you are currently in is not entirely sure the fault of the nanny.

1. Nannies are humans too they get sick. Offering a reasonable amount of paid sick/ personal days is standard. I do believe the average is 5.

Think about it would you have wante her to come in and care for your baby with strep and the flu?

A heart attack is a serious thing. People still frequently die from them. This wasn't here great aunt twice removed that she only sees every 5 years. Think if that had been your mom or dh's mom in that emergency. Or fast forward to the future and it's you in the hospital possibly dying. I'm sure you would want your daughter with you and not have her say. Hope it works out got to put in my 9 to 5, or hope she has an understanding boss.

Which brings me to point number

2. It is your responsibility to have a backup in case of a nanny illness or emergency. You can connect with a local agency or maybe your mom can help you out.

Which leads me to point number 3

3. You need to figure out if your situation mom or nanny. No one wants to put up with that uncertainty.

Which brings me to number 4
4. What did you think was going to happen when you told her you were getting another nanny? Of course she was going to look for another job ! Did you think she was going to wait around knowing she was going to be unemployed and you would not be a reference? Again she is human and has to look after herself.
You should have figured out a care arrangement before telling her you would no longer need her

5. You have to pay her for the hours she has worked. You do not owe her severance.

Finally, if you want to hire and keep a great nanny be the kind of employer that attracts that. Look around these forums in between the drama there is good advice.
Learn from this.

[Anonymous]

I wouldn't have given you any notice. Your nanny is being very, very kind. I just wouldn't have shown up Monday morning.

[Anonymous]

If she works you need to pay her. In regards to taking her to court for quitting I don't think that's a good idea. Nannies are at will employees I believe. I don't think you can force someone to be your nanny.

[Anonymous]

I need help! I am working for a family since 2 weeks ago. I know is a short term until January? The problem I have been told that this week they need only some days and they don't want to pay me for the whole week, next month they will be gone 1 week and no pay either! Help me please!

[Anonymous]

You sound crappy. You do not want someone with strep around a baby. She was right not to come. Same thing with her mom. There is a difference from taking personal days and one for real illness and a family emergency. Try a day care if you feel this way.

[Anonymous]

Oh and as for taking her to court, I wouldn't. That will not go well for you.

What are you going to say" your honor we are bringing a suit against nanny for leaving earlier than we want her too even though we don't want to keep her , and aren't sure we even want a nanny. Oh and we think she should work the last week for free because we're upset."

Doesn't sound well thought out and on top of that you will solid by your reputation as a bad nanny employers.


Put your energy into finding care for your kid.

[Anonymous]

Why would you take her to court. This is a temp job where you basically fired her and are barely paying over minimum wage. You complained she took off for being sick and a real family emergency. You pay her for the hours she worked and wish her the best. You should hope she does not sue you if you do not pay her. Your plan is your mom....stop messing with people and their livelihood.