Contracts means nothing
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Anonymous
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I'm frustrated but also understanding. Our contract states that of my NF has to end our agreement prior to the renewal month that I am paid out for the time remaining to the end of the contract. I've been with this family for almost 4 years. Paid well. Time off but no real benefits since my husband covers insurance and such.
My MB has decided to stay at home. Well our contract year started over in Sept. I just found out they won't be needing me in 6-8 weeks. The chances of them actually paying me through Sept 2016 is slim. And I know this. They will be losing an income and its just not a subject I feel able to bring up. |
Anonymous
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MB here. Bring it up in email.
"Hi Laura and Bob, I just wanted to confirm that pursuant to Page 3, Paragraph 6 of our nanny contract that we all signed on September 25, 2011, you will be paying my salary through September, 2016. While I absolutely understand your desire to stay home with the kids, I am about to lose my income and need to plan my budget very carefully. I look forward to your prompt confirmation. Thank you so much, Nanny." |
Anonymous
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Seriously? You have a contract that guarantees payment of up to a full year if your position is eliminated?
I find that a shockingly poor decision if true. I'd also be surprised if you can enforce it. 6-8 weeks notice of your job ending sounds quite gracious of your employers - and more than the usual minimum required, expected, or given. I would be astonished if you received payment beyond two months. And I'd be pretty horrified at the expectation of receiving that and ashamed to expect it. |
Anonymous
You're just jealous that you didn't get a similar contract. |
Anonymous
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This is interesting as I just saw this in Nanny Care Hub
https://www.facebook.com/nannycarehub/?fref=ts Mom asks "I was just laid off from my job and have decided to stay home with my 2 children. Should I tell my nanny now or wait until after the new year? She's a worrier and I'm afraid the news will ruin her Christmas but I also want to give her as much time as possible to find another position. We're giving her 2 weeks notice and an additional 2 weeks severance." Not sure if this is your family OP but you should read the comments What I find interesting is the owner of this Facebook group always says how important the A-Z contract is and protects the nanny. There was nothing in the question as if there was a contract but yes I agree a contract is not always honored. |
Anonymous
Hardly. I think any employer that offered such an option (if it's true) doesn't know what they are doing. However it will take a lawsuit to enforce it, and it will be a dollar amount that exceeds small claims court - which means significant attorney fees over an extended period to attempt to recover any monies. It will be worth the money to an employer to save tens of thousands of dollars and probably not worth the money for a nanny to attempt to get paid. The whole thing is a bad idea from the start and a nightmare to enforce. |
Anonymous
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That's always been a given in my contract. If they wish to terminate due to causes outside of my performace. Same goes for myself if I want to quit or seek another position for personal reasons I have the negotiation month to do so. Otherwise I stay on for my contract. Medical reasons not included.
I have never had to enforce this myself. The last position I where the family relocated for a job. They paid me out the remaining 5 months plus a bonus without me even having to ask or think about it. Pp different family but interesting replies. Financially we will be fine. Tight for a few months as I don't just take any job to make ends meet. I feel like 3 months is fair and I honestly expect at least that. If not I will be disappointed. Not entirely for the money.... Anything more than that would be gracious and I am not ashamed of having it in my contract . Its there to protect both parties. But it is a very hard thing to bring up on my side. I so wish I didn't have to. Maybe they will once its closer to the end date. |
Anonymous
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I simply don't believe that employers are paying out months on end for nanny contracts.
I just don't believe it. 8 weeks - sure, especially with long term employment relationships, but 5-11 months? I don't buy it at all. |
Anonymous
| Are you sure you are reading the contract correctly? There is no way someone would agree to almost a YEAR pay-out. |
Anonymous
Just like there is no way someone would pay $60/hr? You don't have a clue. |
Anonymous
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I am not sure what is SO unbelievable about my circumstance. I have known other nannies who are paid out as well. It's actually a common practice in the right circle. But I will stop defending myself because it simply isn't worth it.
I came here to get a little support from those I thought could relate. Thank you to the pp poster who suggested email....thanks I think I will do that. Hopefully it is discussed before then.... |
Anonymous
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There was a nanny who won on this in Oregon. If the employer allows a clause in the contract that covers a specific time period but doesn't specify a notice period and/or severance package if termination is without cause, the nanny is within her rights to sue for lost wages for the rest of the contract, based on the hours and rate stated in the contract.
All of my contracts are for 1-2 years unless the family only needs a temp. However, my contracts read 2 weeks, 1 or 2 months of notice, and the same notice period for the nanny and employer. |
Anonymous
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I think OP could win on this in court, if that's what the contract says. BUT, OP, you have a duty to mitigate, and will have to prove your efforts in court. That means you have start looking for a comparable job NOW. Document your efforts. Copies of all applications, responses thereto, etc. And you have to accept a reasonable offer. Otherwise, your case will be dismissed. Even worse, if you file suit but don't attempt to mitigate your damages, your employers may be entitled to money from you for attorney fees, etc.
There is very specific law on what satisfies the duty to mitigate. If you do consider pursuing this in court, you should consult with an attorney first. |
Anonymous
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Sorry I should have clarified I have no desire to actual take this to court or push legally.
I just hope they do the right thing. And I will be fine with whatever severance package they come up with..... I am just voicing frustration over having to question this in the first place and the likelihood of them actually upholding their end of the deal right now. And just stating that contracts aren't always the end all be all. |
Anonymous
It sounds like your contract is enforceable. Given that you've been with the family for four years, the reference is worth as much as or more than them paying out the rest of the contract. However, that doesn't change the fact that your contract is wonderful, and it's just about the pinnacle of what a nanny could want. |