Termination and severance fee question
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Anonymous
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I recently went through a nanny contract:
GROUNDS FOR TERMINATION PARENT Inconsistent or non-performance of agreed-upon job responsibilities Unapproved guests The following are grounds for immediate termination: Use of illegal drugs, drinking or smoking on the job Allowing the safety of the child(ren) to be compromised If the Nanny has to immediately terminate her employment for cause, The nanny will be entitled to a severance package of 4 weeks pay. Home is left in an unsafe or in an unsanitary manner Physical, emotional, or sexual abuse from child or parent Breech of Nanny’s privacy TERMINATION: Either party may terminate the contract by giving 14 days’ notice for any or no reason, with or without cause and all obligations shall cease at the end of said 14-day period. In lieu of providing notice, Parents will give Nanny two weeks’ pay to terminate the contract immediately. Notwithstanding this, Parents may terminate Nanny immediately for just cause without notice (see “Grounds for Termination”). Notwithstanding this, Nanny may end the contract immediately for just cause without notice (see “Grounds for Termination”) I know if employer did something bad, nanny can terminate contract and get 4 weeks pay as severance. Here are my questions, according to the contract If nanny allows unapproved guests, and the employer want to terminate contract immediately, do the employer need to pay nanny 2 weeks’ pay? What if nanny smokes, do the employer need to pay nanny 2 weeks’ pay in order to terminate the contract immediately? Thanks. |
Anonymous
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Not sure.
But there is a statement: “In lieu of providing notice, Parents will give Nanny two weeks’ pay to terminate the contract immediately.” Does it imply that employer need to pay 2 week pay as severance no matter what happen? |
Anonymous
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*** next time write a contract in a language you understand
It’s very simple I guess If terminating/firing for cause: No severance , but the cause has to be something very bad, like drugs, not coming on time, missing days, putting kids in danger... Severance: If you decide you have to let her go, but it’s not her fault, example you’re moving unexpectedly, you got sick, you decide to put kids into daycare.... Severance is a nice guesture to give her extra cash so she has time to pay for bills while looking for a new job If you don’t have money for severance Give her at least one months notice so she can plan her budget and look for a new job As long as you agreed on it at the beginning there should be no problem If the contract was that she WANTS severance in addition to a months notice, and you agreed, than that’s what you have to do |
Anonymous
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In lieu of
Means instead of giving severance, you can give notice instead But it has to be fair you know...don’t just tell her a week before you’re letting her go and no severance What’s your actual problem? Are you firing her for cause? What’s the cause? |
Anonymous
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PP again
If you said no to unapproved visits And she brought unapproved visits to your house What do you think you should do? According to the contract that says no unapproved visitors allowed, termination immediately Should you let her go? Yes Should you pay her severance? No But who is the unattended guest? Are you looking for a reason to get rid of your nanny and save severance pay? Just open your mouth and tell her what’s going on |
Anonymous
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Thanks for all replies.
Actually, we haven’t signed the contract. We are arguing about what the contract states. Nanny insists according to the contract she will get 2 weeks’ pay as severance even if she invite a unapproved guest. Employer think she can let her go without paying severance if the bad thing happen. I just want to know who is right? |
Anonymous
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If employer says No to X
Nannies does X Nanny out, no severance Do you like math lol jk |
Anonymous
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Whatever you say NO to in your firing for cause
She is NOT allowed to do If she does ——> she’s fired, no severance |
Anonymous
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Thanks again.
I am the one who tried to hire this nanny. She did draft the contract.While we discussed the contract, she insisted that The contract clearly says she can have 2 weeks’ pay as severance even she did the listed bad things. I don’t agree that, and I don’t think that’s what contract says. She then said “we have language barrier. other families would understand what the contract means because English is their first language.” Just out of curiosity, do I really misunderstand her English? Does the contract really say that? |
Anonymous
| No. You’re correct. It is written poorly. But it says parents may terminate nanny without notice for the reasons listed earlier in the contract. And the section about two weeks of pay states that when parents initiate the firing, it is in lieu of notice (and nanny does not return). However, if no notice is required, then it would naturally be that no payment is required. Again, poorly written, and clearly no meeting of the minds. You did a great thing in questioning the language - though if you agreed to the contract after hearing her interpretation, you would likely be held to it. |
Anonymous
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Oh I think what she means
She is sneaky “Unapproved guests” She wrote that on top of the line “Immediate termination” You have to write it under that line, do you understand? Sorry I didn’t know English wasn’t your first language, mine neither lol Don’t sign this contract!!! I don’t understand why she would want to bring unapproved guests to your house? If I bring somebody, it’s usually only kids play dates or my mom who comes to visit once in a while and the kids love her Who does she want to bring? Her boyfriend? I always ask parents Is it ok if the child’s friend comes over? Ask her: who is a unapproved guest? Do you know? |
Anonymous
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Thanks for the support.
I feel much better now. I am glad that I found this issue before hiring her. |
Anonymous
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Yes pls don’t sign any papers that you don’t understand!
And first make sure what nanny means by “unapproved guests” You still didn’t answer me and it creeps me out Who is she talking about? She just wants to bring people into the house without asking? I’m confused |
Anonymous
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Sorry for the confusion.
The “unapproved guest” is just an example. I don’t think she will do bad things. It might sound stupid, but the only conflict is that we have different interpretations regarding to the contract. This is what she said. Please translate to your native language as in English you are not understanding Do you see that statement “Parents will Give Nanny Two weeks pay to terminate the contract immediately” What that says is for us to terminate the contract and for me to leave the place of work Immediately I require 2 weeks pay. Of course I did. But I don’t think that also applies to the termination with cause. |
Anonymous
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I still don’t totally understand you.
If you need to fire the nanny, but it is NOT her fault, let’s say you have to move, or you putting your child into daycare, ... If nanny didn’t do anything wrong You have to pay 2 weeks severance, or give notice If you need to fire the nanny for cause (cause means she did something criminal, she lied, she stole, he drove kids without seat belts.... You can fire her NO severance NO notice Does that answer your question?
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