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Reply to "Open-ended notice period -- what's reasonable?"
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[quote=Anonymous][quote=Anonymous]A nanny is an at will employee. You don't have to give any notice.[/quote] A nanny can be either an at will employee or a term employee depending on the terms of her contract. In this case, it sounds like OP is a term employee, subject to the exception that she can quit before the end of the term without liability for damages as long as she stays until the parents replace her, provided that they are using reasonable best efforts to do so. This kind of agreement is generally enforceable, although if the nanny isn't replaced within 3-6 weeks, courts might be inclined to determine that the parents are not using reasonable best efforts in their search. Of course, neither the parents nor the courts can make the nanny stay on the job. She can absolutely be held liable for monetary damages, though, based on the parents' lost wages and any difference between what they were paying the nanny and what they need to pay to get substitute care before a replacement is found. OP, most parents don't want to sue the nanny any more than nannies want to be sued. I would suggest that you explain why a totally open-ended notice period won't work for you, offer to stay a month and ask if the family thinks that is reasonable, and offer to help with the search and/or training of your replacement during any downtime you have on the job. In other words, aim to be accommodating and the parents will likely reciprocate by getting right on the search and/or releasing you from the literal obligations of your contract.[/quote]
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