Nannies can sue former employers

[Anonymous]

Anonymous wrote:

Anonymous wrote:OP I don't know where you are getting your information but that isn't correct. A nanny is an hourly at will employee no matter what her contracts says or doesn't say about it. Employers and nannies can't write in terms that are counter to the employment regulations.

An employer can write in the contract that the nanny agrees to stay for two years but this isn't enforceable. The nanny doesn't owe the employer 1.5 years of pay if she quits after 6 months. An employer can also fire a nanny for any reason. They don't need cause because she is an at will employee. The term "cause" comes more into play for whether the nanny would receive any termination notification time outlined in the contract and whether she would be eligible for unemployment.

Another example would be minimum wage. An employer can write in the contract that the nanny accepts a rate below minimum wage. The nanny can sign it but the nanny is still owed a rate that is minimum wage and can later file for back pay. It doesn't matter that the contract said both parties agreed to lower than minimum wage.

Finally, I think many nannies don't realize that cause is a broad term and there is no need to prove cause beyond a reasonable doubt. Some nannies seem to think that if the employer doesn't have criminal court level evidence of her not performing her job that it is not cause. They don't need a time stamped, independently authenticated photo of you chatting on your phone at the park. Cause can be as a simple as insubordination, failure to communication, dereliction of duty, misappropriation of employer property resources and there is no requirement that nannies be given multiple chances. If you are late once this could be used for cause. You can't argue that you had a bunch of reasons why you were late or that you think you should get another chance or even that its not fair because your employer was late. Nope, you wee late is all that matters in terms of cause.

Except for collecting unemployment. Employer must prove cause if she's fight it.

*fighting

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Almost every nanny employment contract I've come across lacked definitions in any meaningful sense. Good luck winning a settlement with a contract that has giant holes in it.

They usually do specify terms and notice periods of termination with and without cause. Only if they lack that clause could one possibily have a chance at getting wages through for the duration of the contract.

It seems we are in basic agreement. As previously mentioned, there are widespread problems with most nanny contracts, even those written by lawyer agency owners and other supposed experts. It leads one to ask if these errors are made on purpose, specifically by including both the "at will" AND duration of employment term.

Thoughts?

[Anonymous]

This is why I hire illegals. They will never go after this stuff. They do just as good a job as watching the babby as you "college educated" nannies at a fraction of the cost. I can see why you fight the "low pay" so tooth and nail on this site, because by low pay you really just mean illegals.

[Anonymous]

Anonymous wrote:This is why I hire illegals. They will never go after this stuff. They do just as good a job as watching the babby as you "college educated" nannies at a fraction of the cost. I can see why you fight the "low pay" so tooth and nail on this site, because by low pay you really just mean illegals.

Hence, the unverifiable underground economy of domestic labor.

[Anonymous]

What if you're fired without any contract?

[Anonymous]

Anonymous wrote:What if you're fired without any contract?

You can file for unemployment. But there is no excuse not to have a contract. If a family refuses to sign one, you need to run from the family.

[Anonymous]

You often see nannies who got the job creep short end of the stick. They feel trapped and want out.

[Anonymous]

Anonymous wrote:An illegal fire may be "minor" for you, but a fair court ordered settlement of many thousands of dollars would be a major benefit to most nannies.

The judge would most likely award the nanny her full wages due through the end of the term of the contract.

Remember that having been suddenly fired without cause, the nanny has plenty of time on her hands to get the free legal aid help that an unemployed nanny is most certainly qualified to receive.

No judge will award a nanny her full wages through the end of the contract term unless she can prove in court that she tried diligently to find another nanny job and was unable to do so. She has a duty to mitigate damages. So, no, the nanny will not have plenty of time on her hands to get the free legal aid that you think (wrongly, I will add) is so readily available. She'll be busy looking for another job.