Reply to Why give an employer extended notice (30-60-90 days) if they don't have to do the same for you?

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Reply to "Why give an employer extended notice (30-60-90 days) if they don't have to do the same for you?"

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]9:18 is right.  And I hardly think that an employer having to prove cause for dismissal would be particularly difficult.  And what nannies have the means to fund a robust defense?

The case would settle, one or both parties would give up, and the amounts are likely to only rise to small claims court anyway.

Blustering about enforceability of a contract means little in the real world.  Almost no cases will ever get to that point, for all kinds of pragmatic reasons.[/quote]
You are clearly not an attorney.[/quote]

Nope.  I just live in the real world, and have a 30 year career in HR.[/quote]
Obviously a real pro at defending dishonest employers. Thanks for coming clean with that detail.[/quote]

Oh please.  I don't "defend" anyone - as I said, I'm not an attorney.

I'm just pragmatic and experienced.  Lawsuits are messy, long, expensive and painful.  Neither parents or nannies have the time, energy or money to invest in them, and they're a drain on the legal system also so judicial systems will dispose of them quickly.  It's fun to talk about suing people but it is not at all fun to actually do.[/quote]
So practically speaking, keep pretending there's an enforceable contract, but in all reality not really? [/quote]

Do you know what the word enforceable means? Yes contract CAN be enforced, hence it is enforceable. If someone cares enough to pursue a breach of the contract, yes the contract would be enforceable to the extent that it abides by the law. You are arguing something different. Practically, it is very unlikely that anyone is going to court over your nanny contract. We generally aren't talking about huge sums of money here, so it isn't worth the time or effort to pursue it legally. That doesn't change the fact that it is a contract, and if you piss someone off enough they can in fact hold you to it. If you agree to a contract term (without an at will clause, meaning nothing saying you can break the contract at will or without cause) you can be held responsible, but you won't be forced to work for someone. You may have to pay damages to the family for lost time and expenses incurred in replacing you. That is IF they actually pursue it. Generally, it is best practice not to agree to contracts that you do not intend to honor. You may get away with it or you may not. [/quote]

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