Is it legal to fire nanny due to not obliging to certain contract parameters ?
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Anonymous
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Nanny has not adhered to her contract, including the following:
1) Did not get CPR and First AID certificate yet (was supposed to have done this within the first 4 weeks of employment ) 2) has been ingorinh some house responsibilities stated in contract. 3) start time of work has changed to allow her to come in later, which was not discussed with neither my husband or I It was just been brought to our intention today that she’s also an employee with an overnight baby care service, and items 2) and 3) have been a recent development. So we plan on trying to find out when she gained employment at this agency, and then we want to see if the times between them are close enough to signal some support for the recent struggles as our nanny being due to the extra time being spent on another job, a job that was never disclosed to us by the nanny herself Could any of this warrant an immediate dismissal without severence, or allowing the nanny a set number of days remaining before their employment has officially come to an end? Thanks |
Anonymous
| Yes, you can end it immediately if you want to. If it were just #1, I'd say have a conversation with her to see when she plans to do it. But #2 and #3 would be dealbreakers--you can't just change your work hours or responsibilities without consulting with your employer! And I wouldn't personally be comfortable with a nanny working full days who also worked overnights for someone else, though I doubt that is covered in your contract. |
Anonymous
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I am sure you can end it stat.
Because she obviously is not upholding her end of the contract. Plus, it is not illegal for an employer to fire an employee. (Unless fraud can be proven by the employee.) Which doesn’t sound to be the case. People get fired every day. Suing is typically not done since employees are usually “at-will.” |
Anonymous
| Nannies are generally at will employees. That said, if a certain severance was written into your contract, you should pay it. |
kcampbell
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| Thanks everyone!!! |
Anonymous
Give her the agreed upon severance, OP. She leaves the day you fire her with the check in her hand. NEVER let her stay after you have fired her. |
Anonymous
The nanny never has to disclose what she does on her off hours. How could she simply decide to start coming in later? That’s called “being late”. All household chores take a backseat to infant care. That is no big deal. You should have insisted she have CPR training BEFORE ever being alone with your baby!! Let her go and pay the severance. Hire more wisely next time. |
Anonymous
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Are you paying her enough to cover basic living expenses? Somehow I doubt it.
I agree she should have had the CPR before starting. Come to think of it, how can she have that night job without CPR? She just can't. |
Anonymous
| How did you find out about her working overnight ? |
Anonymous
| She don't think she can work for any agency without CPR. Are you confused, OP? |
Anonymous
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Understand that she never has to disclose what she does in her off hours. And that chores left undone, whether in the contract or not, are left to her discretion as childcare comes first.
Yes, you have a right to let her go for the lateness but you are still required (by honor only) to pay severance. I would never leave my baby alone for four minutes much less four weeks without being CPR certified. |
Anonymous
+1 |
Anonymous
+2 |