Breach of Contract

[Anonymous]

This family and their nanny signed a 12–month contract by which they agreed to 6-weeks notice. They quit without notice, cause, or compensation.

They have neither given her the 6-week notice, nor paid her for the notice period. Initially they said they would pay her half, while threatening her with litigation. After she sent her address for the check to the lawyer, they went silent, and no check showed up in the mail, much less for half the amount.

Have you been in a situation like this? What did you do? If not, what would you do?

[Anonymous]

If she’s not any way at fault she could take them to
Small claims court. I feel like there is more to this story though..

[Anonymous]

No, I have never been in a situation like this.

It sounds like a truly unfortunate situation for the poor Nanny.

I would be tempted to take my former employers to small claims civil court - however from a personal standpoint I do not have any legal expertise to know if I would have a solid chance at success.

It would all depend on the state, circumstances, etc.

Keep in mind that if a Nanny attempts to sue her former employers (even rightfully so as in this situation!) > it may hurt her chances later on in finding a good position in the future as it would possibly turn off future prospective families.

Unfair, I know.

[Anonymous]

If my contract read for 6 weeks, that would bump me over the $5k for small claims, and I would certainly file. Presumably, I would also have texts, cards and emails to show the family appreciated my work, even if the sudden ending was no longer amicable. But yes, I would definitely sue.

[Anonymous]

How long did she work for the family before she was terminated?

[Anonymous]

Anonymous wrote:If my contract read for 6 weeks, that would bump me over the $5k for small claims, and I would certainly file. Presumably, I would also have texts, cards and emails to show the family appreciated my work, even if the sudden ending was no longer amicable. But yes, I would definitely sue.

What do you mean bump it over "the 5k for small claims"? I haven't researched small claims in DC but as far as I know, there is no minimum amount needed to file a claim? Does DC have a maximum of 5k? I know in California it's 10k. What do you do if the amount is over the maximum? Just file for the maximum and have to lose out on the rest?

[Anonymous]

Anonymous wrote:

Anonymous wrote:If my contract read for 6 weeks, that would bump me over the $5k for small claims, and I would certainly file. Presumably, I would also have texts, cards and emails to show the family appreciated my work, even if the sudden ending was no longer amicable. But yes, I would definitely sue.

What do you mean bump it over "the 5k for small claims"? I haven't researched small claims in DC but as far as I know, there is no minimum amount needed to file a claim? Does DC have a maximum of 5k? I know in California it's 10k. What do you do if the amount is over the maximum? Just file for the maximum and have to lose out on the rest?

Ah, wasn't aware that there was a difference. In a previous state, small claims are small... under $5k. I just looked it up, seems DC is also $10k.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:If my contract read for 6 weeks, that would bump me over the $5k for small claims, and I would certainly file. Presumably, I would also have texts, cards and emails to show the family appreciated my work, even if the sudden ending was no longer amicable. But yes, I would definitely sue.

What do you mean bump it over "the 5k for small claims"? I haven't researched small claims in DC but as far as I know, there is no minimum amount needed to file a claim? Does DC have a maximum of 5k? I know in California it's 10k. What do you do if the amount is over the maximum? Just file for the maximum and have to lose out on the rest?

Ah, wasn't aware that there was a difference. In a previous state, small claims are small... under $5k. I just looked it up, seems DC is also $10k.

Oh, and if it's over the maximum for small claims, you just file a normal civil suit.

[Anonymous]

They fired her. She's not due any money.

[Anonymous]

Anonymous wrote:They fired her. She's not due any money.

Well thats not accurate!
Depends on how the contract is written and if there is a fault cause in the contract. Many states have very strong employment laws and salaries are to be paid the day of disolvement or it will be tripled. Google employment laws for your state and look uo Nolo employment laws for your state. Then contact your local law University to see if they have an advisement group to help you, write a letter of demand and what needs to be in that and how to mail it and copies to:
Anyone can threaten litigation, it is an intimidation tactic, the goal is to roar back.
Good luck

[Anonymous]

Was she fired for cause? What is the small print in the contract about the terms for which she’d get a full six weeks severance, which is 3x the average. Can the contract even be enforced? It might be better for the nanny to move on

[Anonymous]

Anonymous wrote:Was she fired for cause? What is the small print in the contract about the terms for which she’d get a full six weeks severance, which is 3x the average. Can the contract even be enforced? It might be better for the nanny to move on

All contracts can be enforced, that's the whole point of a contract. They can't do anything about firing or laying someone off, but the contract conditions need to be met. If she wasn't for cause, then they must follow the notice period and severance clause. The standard notice period is 2-4 weeks for a nanny, most are leaning towards 4 weeks these days versus just 2 weeks. Severance is always for the unworked remainder of the notice period.

The reasons for cause are also always listed in the contract, so if it wasn't one listed, it likely isn't for cause. I'd never advocate for someone toove on from their rightful 6 WEEKS of pay, that could easily be $5000+. That's a lot of money for us, maybe not to some families but most definitely for a nanny.

[Anonymous]

Anonymous wrote:Was she fired for cause? What is the small print in the contract about the terms for which she’d get a full six weeks severance, which is 3x the average. Can the contract even be enforced? It might be better for the nanny to move on

Stop trying to defend the evil employers.

[Anonymous]

Nannies are at will employees. You were likely a terrible family to work for Shiloh is why you don’t get or deserve 6 weeks.

[Anonymous]

Anonymous wrote:Nannies are at will employees. You were likely a terrible family to work for Shiloh is why you don’t get or deserve 6 weeks.

The employers put the 6 weeks in the contract.