Firing live in nanny

[Anonymous]

To the OP are you looking to hire another live in? I am employed but have someone responsible and very reliable I can recommend if you are interested.

[Anonymous]

Anonymous wrote:The live in nanny is never a tennant. I was a landlord and lived in the property with tennants, and because I lived in the property, I had the legal right to throw them out that night. It is like a guest coming to your home, if you want them out, it is your right, if it is not your home, and you are renting it to that person, then they are a tennant. Its different.

This Mb had too much to drink that day.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:You have 2 issues: 1. she is an employee. If you have cause, you can term immediately. You are not required to give notice in Va. 2. However, she's also a tenant and, as such, has tenant's rights. You are required to serve her a 30 day notice or she can sue you for unlawful eviction.
I'd give her a 30 day and try to avoid her for the month. I might give her a little "bonus" or "severance package" as an incentive to get out ASAP. $1000 should cover her moving expenses and make a small dent in a deposit and first month's rent on a new place.

TBH, this seems a bit overly generous given the poor work performance. I'd offer her two weeks to get out plus one week's pay as an incentive. If she insists on longer you can offer her more money or agree to 30 days but without any compensation.

I would though be interested like the other PPs to know how a live-in can be so late and if you've actually talked to her about what's going on.

Overly generous or not, we have laws that are in place to protect tenants, which this nanny legally is. OP could be in serious trouble if she gives her two weeks to "get out" - minimum is 30 days notice. Also, nanny can file for unemployment (hoping MB is paying above the table) and that would come out of MB's pocket. I would be very invested in making sure Nanny goes away quietly and try to avoid this situation in the future.

This is right. Thirty days notice required.

[Anonymous]

I am the OP of this post, which was written 10 months ago. I saw it bumped up to recent topics again and thought I would clear up some misinformation as I actually did consult an attorney about this. In the state of VA, at least, when housing is a condition of employment, the housing becomes "at will" just like "employment at will." In other words, if you sever the employment relationship, you can sever the housing relationship at the same time with no legal repercussions. You don't even have to have cause.

That said, I don't think it is the moral or ethical thing to do to just fire someone for no reason and kick them on the street, but that is not what happened here. We had very good reason and I am not comfortable having a disgruntled former employee living in my home.

[Anonymous]

Anonymous wrote:I am the OP of this post, which was written 10 months ago. I saw it bumped up to recent topics again and thought I would clear up some misinformation as I actually did consult an attorney about this. In the state of VA, at least, when housing is a condition of employment, the housing becomes "at will" just like "employment at will." In other words, if you sever the employment relationship, you can sever the housing relationship at the same time with no legal repercussions. You don't even have to have cause.

That said, I don't think it is the moral or ethical thing to do to just fire someone for no reason and kick them on the street, but that is not what happened here. We had very good reason and I am not comfortable having a disgruntled former employee living in my home.

Did your lawyer ask you if she was paying rent, or not? Because if she was, that would have most certainly changed the picture, even in VA.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I am the OP of this post, which was written 10 months ago. I saw it bumped up to recent topics again and thought I would clear up some misinformation as I actually did consult an attorney about this. In the state of VA, at least, when housing is a condition of employment, the housing becomes "at will" just like "employment at will." In other words, if you sever the employment relationship, you can sever the housing relationship at the same time with no legal repercussions. You don't even have to have cause.

That said, I don't think it is the moral or ethical thing to do to just fire someone for no reason and kick them on the street, but that is not what happened here. We had very good reason and I am not comfortable having a disgruntled former employee living in my home.

Did your lawyer ask you if she was paying rent, or not? Because if she was, that would have most certainly changed the picture, even in VA.

Do you know many live-in nannies who pay rent? The very large majority of the time they don't and is just included as part of the job.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I am the OP of this post, which was written 10 months ago. I saw it bumped up to recent topics again and thought I would clear up some misinformation as I actually did consult an attorney about this. In the state of VA, at least, when housing is a condition of employment, the housing becomes "at will" just like "employment at will." In other words, if you sever the employment relationship, you can sever the housing relationship at the same time with no legal repercussions. You don't even have to have cause.

That said, I don't think it is the moral or ethical thing to do to just fire someone for no reason and kick them on the street, but that is not what happened here. We had very good reason and I am not comfortable having a disgruntled former employee living in my home.

Did your lawyer ask you if she was paying rent, or not? Because if she was, that would have most certainly changed the picture, even in VA.

Do you know many live-in nannies who pay rent? The very large majority of the time they don't and is just included as part of the job.

Of course most don't, but some do. Their space would probably be super luxurious, spacious, and completely private. And their very high wages would allow that option.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I am the OP of this post, which was written 10 months ago. I saw it bumped up to recent topics again and thought I would clear up some misinformation as I actually did consult an attorney about this. In the state of VA, at least, when housing is a condition of employment, the housing becomes "at will" just like "employment at will." In other words, if you sever the employment relationship, you can sever the housing relationship at the same time with no legal repercussions. You don't even have to have cause.

That said, I don't think it is the moral or ethical thing to do to just fire someone for no reason and kick them on the street, but that is not what happened here. We had very good reason and I am not comfortable having a disgruntled former employee living in my home.

Did your lawyer ask you if she was paying rent, or not? Because if she was, that would have most certainly changed the picture, even in VA.

Do you know many live-in nannies who pay rent? The very large majority of the time they don't and is just included as part of the job.

OP?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I am the OP of this post, which was written 10 months ago. I saw it bumped up to recent topics again and thought I would clear up some misinformation as I actually did consult an attorney about this. In the state of VA, at least, when housing is a condition of employment, the housing becomes "at will" just like "employment at will." In other words, if you sever the employment relationship, you can sever the housing relationship at the same time with no legal repercussions. You don't even have to have cause.

That said, I don't think it is the moral or ethical thing to do to just fire someone for no reason and kick them on the street, but that is not what happened here. We had very good reason and I am not comfortable having a disgruntled former employee living in my home.

Did your lawyer ask you if she was paying rent, or not? Because if she was, that would have most certainly changed the picture, even in VA.

Do you know many live-in nannies who pay rent? The very large majority of the time they don't and is just included as part of the job.

This thread is about the law, not about how few nannies might pay rent.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I am the OP of this post, which was written 10 months ago. I saw it bumped up to recent topics again and thought I would clear up some misinformation as I actually did consult an attorney about this. In the state of VA, at least, when housing is a condition of employment, the housing becomes "at will" just like "employment at will." In other words, if you sever the employment relationship, you can sever the housing relationship at the same time with no legal repercussions. You don't even have to have cause.

That said, I don't think it is the moral or ethical thing to do to just fire someone for no reason and kick them on the street, but that is not what happened here. We had very good reason and I am not comfortable having a disgruntled former employee living in my home.

Did your lawyer ask you if she was paying rent, or not? Because if she was, that would have most certainly changed the picture, even in VA.

Do you know many live-in nannies who pay rent? The very large majority of the time they don't and is just included as part of the job.

This thread is about the law, not about how few nannies might pay rent.

Yes and OP was telling her experience to let others know what the law in VA is. Let's assume her nanny does not pay rent. If your nanny pays rent then you should check with your own lawyer to see what the law is in that case.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I am the OP of this post, which was written 10 months ago. I saw it bumped up to recent topics again and thought I would clear up some misinformation as I actually did consult an attorney about this. In the state of VA, at least, when housing is a condition of employment, the housing becomes "at will" just like "employment at will." In other words, if you sever the employment relationship, you can sever the housing relationship at the same time with no legal repercussions. You don't even have to have cause.

That said, I don't think it is the moral or ethical thing to do to just fire someone for no reason and kick them on the street, but that is not what happened here. We had very good reason and I am not comfortable having a disgruntled former employee living in my home.

Did your lawyer ask you if she was paying rent, or not? Because if she was, that would have most certainly changed the picture, even in VA.

Do you know many live-in nannies who pay rent? The very large majority of the time they don't and is just included as part of the job.

This thread is about the law, not about how few nannies might pay rent.

Yes and OP was telling her experience to let others know what the law in VA is. Let's assume her nanny does not pay rent. If your nanny pays rent then you should check with your own lawyer to see what the law is in that case.

No, I don't need to hire a lawyer to know a simple law. If a nanny is in any way paying for her live-in accommodations in VA, she's a tenant. You have to give her a minimum of 30 days notice to vacate. That's VA law.

[Anonymous]

Anyone know the law for DC nannies? Can they throw you out without any advanced notice?

[Anonymous]

Anonymous wrote:

Anonymous wrote:I understand your concern, but as a former live in whose bosses simultaneously fired and threw out with 24 hours notice (they had a friend they wanted to give my space to), please try to consider her needs as well. Can you imagine having just moved, and losing your job and home in one fell swoop? I had no where to go when it happened to me. I had to give up most of my belongings and spent the next few months in and out of shelters, and couch surfing before I got myself together. She may be a bad employee, but she doesn't deserve to be homeless.

So sad.. To bad nanny didn't think of that when she continued to be late and/or call out.

OP, toss her and worry about your own family.

+1

[Anonymous]

Anonymous wrote:OP's story is a bit far fetched. The live-in nanny is an hour late when you need to dash off to work and you never knocked on her door? What did you tell your boss when you arrived to your job an hour late? Or is it that you work at home, so you're both doing the childcare, more or less?
You need to stepup your creativity here for us.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I am the OP of this post, which was written 10 months ago. I saw it bumped up to recent topics again and thought I would clear up some misinformation as I actually did consult an attorney about this. In the state of VA, at least, when housing is a condition of employment, the housing becomes "at will" just like "employment at will." In other words, if you sever the employment relationship, you can sever the housing relationship at the same time with no legal repercussions. You don't even have to have cause.

That said, I don't think it is the moral or ethical thing to do to just fire someone for no reason and kick them on the street, but that is not what happened here. We had very good reason and I am not comfortable having a disgruntled former employee living in my home.

Did your lawyer ask you if she was paying rent, or not? Because if she was, that would have most certainly changed the picture, even in VA.

Do you know many live-in nannies who pay rent? The very large majority of the time they don't and is just included as part of the job.

This thread is about the law, not about how few nannies might pay rent.

Yes and OP was telling her experience to let others know what the law in VA is. Let's assume her nanny does not pay rent. If your nanny pays rent then you should check with your own lawyer to see what the law is in that case.

No, I don't need to hire a lawyer to know a simple law. If a nanny is in any way paying for her live-in accommodations in VA, she's a tenant. You have to give her a minimum of 30 days notice to vacate. That's VA law.

Nannies should not be taken advantage of.