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[quote=Anonymous]Most employers don't care about unemployment. Technically its fraud to fire someone for cause and then say not cause on the unemployment claim. Both the nanny and the employer are screwing the government and being fraudulent in this case. However, many employers don't care and nannies, especially the screw ups that get fired, always think they are entitled to anything. Also some states do allow unemployments for individuals fired for cause.

If you do care about unemployment then make sure to send the nanny a termination letter listing that she was fired for cause and the reasons. You need to set aside the touchy feel stuff and use direct terminology. If she didn't follow directions it is insubordination not we just didn't hit it off after a year. If she was late, she failed to report to work at the agreed upon time. If she goofs off and doesn't do her job, it is she failed to perform job duties and created an unsafe environment by failing to supervise the child while she was distracted on the phone. If she was texting in the car..she was violating state driving laws while transporting your child and operating your vehicle. You get the idea. You also should not give her severance or positive references. A simple "I would not rehire this person again" suffices and no need to get into it with others.

If you give her severance, positive references and a touchy feel we wish you the best letter then I guarantee you that the unemployment agency will grant her unemployment because everything you documented hid the real cause reasons why you fired her. Unemployment agencies are not looking for criminal court proof on anything. You don't need PI photographs of her texting on her phone at the park. The agencies do look at patterns of behavior. If everything that you did was around pretending she wasn't fired for cause because you wanted to seem nice or whatever, they won't believe you when you tell a different story on the claim. [/quote]

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