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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote] It seems that any case that was the first of its kind, would make the news. So far no one on this forum has ever heard of a nanny being held financially liable for not upholding a nanny agreement. [/quote]

And here. Another bait from the desperate nanny.[/quote]
Desperate for what? I don't need legal advice. If I did, I have plenty of friends who'd want to give it to me pro bono.

I simply said that:
None of us on this forum has ever heard of a nanny being held financially liable for not abiding by a contract.

[/quote]

You should check the parents forum where physicians frequently share their professional knowledge. As far as I know, not one of them has demanded any payment before they respond to various questions.

It stands to reason that if anyone does not care to respond (you either don't know or don't have time), you simply don't respond. No one in her right mind makes a silly demand for $10,000, SW, shyster woman.

[/quote]

Do any of you really think the "shyster" demanded 10K before responding to questions?  C'mon, now.  She was just making the point (albeit sarcastically) that the PP's argument (that nanny contracts are not enforceable against nannies) is not one that lawyers can prove or disprove without hours and hours of expensive research.  That doesn't mean they won't willingly and freely share their professional knowledge; in fact, several lawyers on this board explained the applicable law quite well.

And the PP who now says her only point was that no one on this board has ever heard of a nanny contract being enforced against the nanny is backpedaling and being totally disingenuous.  Her point--made quite clearly--was that nanny contracts are not enforceable.  The fact that only one person on this board li
nked to a case rebutting PP's assertion just means, at most, that parents don't bother to sue very often.  Whether or not most parents decide to sue a nanny who breaches her contracgt has no bearing on whether the law says they could sue and win.  [/quote]

Feel free to argue the following points:

1. The law says that anyone can sue anyone, unless there's special protection.

2. If the contract contains both a specified term and an at will provision, it is not clear which provision a judge would choose to uphold.

A specified term means that both the employer and employee must complete the term, unless both agree to terminate the contract or there is "cause".

"At will" means that either employer or employee can terminate the contract without cause, as long as the agreed upon notice is given.

Seems odd that so many agency owners are lawyers, and we have this sort of unfortunate confusion.

[/quote]
It appears that agency clients (both parents and nannies), have had the wool pulled over their eyes. How do agencies justify their exorbitant fees if the nannies have no contract term and can easily take off when they've had eno
ugh nonsense at work? What parent wants to be locked into a longterm legal obligation with a nanny she doesn't want anymore?

[/quote]

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