Seeking legal advice
![[Post New]](/nanny-forum/templates/default/images/icon_minipost_new.gif){kind=icon}
Anonymous
|
A friend of mine, who wishes to remain anonymous, is seeking legal advice on a difficult situation. She was working as a nanny for a family, but the mother consistently disregarded the contract's terms. Despite requests to renegotiate, the contract was never revised, and verbal approvals were given instead. The nanny has experienced stress, mental exhaustion, and safety concerns, including a recent incident on the stairs. She took an unpaid day off for her well-being, but the mother showed no empathy or concern. Recently, during the snow, she was asked to come to work, which she couldn't do, and it was verbally agreed upon that she would receive full pay, which the mother failed to honor. Additionally, the mother micromanaged her work, and the nanny had to constantly confront her about family emergencies or religious holidays. Her questions are Can she be sued for leaving without notice? • What legal recourses does she have regarding the contract and breach of agreement? • How can she protect herself from potential legal action? If anyone knows of a lawyer or legal aid organization that can offer guidance, please reply privately to this message. Your help is greatly appreciated. Thank you for your understanding and support |
Anonymous
|
I’m not a lawyer, so I’m not going to offer legal advice. Nannies don’t get a lot of workplace protection. Pretty much any contract dispute could land them in a lawsuit. Whether or not it is likely to succeed is for a lawyer to help her sort out. Most of the things listed really don’t matter. I’ve known several nannies who didn’t get a last paycheck after they quit. They didn’t pursue it because the costs associated would be greater than the paycheck itself. Any employment attorney could advise her, but lawyers aren’t free.
You didn’t mention how much time was agreed upon for notice. |
Anonymous
| There's really nothing here to protect. Nannies are at will employees and can leave (or be terminated) at any time for any reason. |
Anonymous
| She can leave at any time and nothing is going to happen to her. Her boss isn’t honoring her contract. And she feels unsafe so she should leave |
Anonymous
| She should leave and I hope they were paying her legally. If not, she should still apply for unemployment and the state will go after them. |
Anonymous
|
Im confused. Is your friend interested in suing for breach of contract, or simply worried that the family will sue her?
She should quit, following whatever notice requirements are in the contract. She need not worry about the family suing her if she terminated pursuant to the contract. The stuff you’ve written don’t really seem like a material breach of contract, so I doubt it’s worth her time to pursue. |
Anonymous
|
I am by no means a legal expert (sorry!), however I do not think your friend can be sued by her NF.
Like I do not think she can be forced to cover any childcare fees her NF had to pay out due to her leaving her job w/o any notice. Most especially since the contract terms were not honored on her employer’s end. 
Nor can she be forced to work if notice was not given on her end. Honestly, I think it would be a huge hassle as well as co$tly for your friend to sue her NF over them not honoring the contract. My best advice would be for your friend to simply count her losses + simply move on. I wish her nothing but the best in finding a great family in the future! 
|
Anonymous
+1 |
Anonymous
| Mom is allowed to manage and supervise. If she's not happy, quit. |
Anonymous
|
I’ve always worried about this as well, a family suing me if I quit without price or only a week of notice when a month is required.
If I ever needed to quit without notice I decided that my best option is to just not show up. Let them fire me . No one can make you work . |
Anonymous
Troll |