Anonymous
03/11/2013 18:16
Subject: Is this legal?
Just another reasons nannies need a union.
Anonymous
03/11/2013 00:31
Subject: Is this legal?
Unfortunately it is legal. You can always be let go from any job for not being able to fulfill your required duties. If a company is big enough then the worker can usually use FMLA tim, but this doesn't apply to companies under 50 employees.
I had a previous MB be let go when she went out on bedrest with twins. MB's mom is an attorney specializing in employment law, so was something that she explained to me.
Hopefully you are feeling better and just had a rough patch!
I had a previous MB be let go when she went out on bedrest with twins. MB's mom is an attorney specializing in employment law, so was something that she explained to me.
Hopefully you are feeling better and just had a rough patch!
Anonymous
03/10/2013 18:22
Subject: Is this legal?
Any employer can tell the truth in a reference legally. Some companies, however, in order to avoid any chance of a lawsuit will have more restrictive policies.
Anonymous
03/10/2013 18:08
Subject: Is this legal?
Anonymous wrote:Anonymous wrote:Thanks for the responses. I'm a young woman who recently has been getting sick too much (flu, mono, infection) and was let go this morning. I understand completely that they need someone who is healthy enough to work and cannot afford to miss work themselves- it's just a bummer because I really loved my job and they loved me. I asked if I could use them as a reference and he said of course, but he would be telling the reason is due to health issues- which I believe is really shitty and NOT legal. Or am I wrong?
Why would you think this is illegal? It's the truth and it is a MAJOR factor with someone wanting to hire you or not. If you are going to be out sick quite often, then that means they will have to find backup care for you quite often as well. Not normally something people would want to do. So it is a good reason to fire you and to let others know why you were fired. I would say it would be kinda crappy if you had a health thing that meant taking a few weeks straight off work to heal and then you would be totally back up to par. But when it is more random and different things, that makes it harder to deal with. I can find a temp for 2 months straight, but finding people for a week here and another 3 days there is more difficult, especially when last minute.
I'm not OP and I don't know the answer, but I have heard conflicting information on what a professional reference can and cannot say when they're asked about former employees. I suspect OP is trying to suss out whether nanny employers are held to the same restrictions (when I worked at a nonprofit we could only confirm the dates of employment, we were not allowed to say why someone left/was let go) or whether they are allowed to say whatever they want.
Anonymous
03/10/2013 17:58
Subject: Is this legal?
I'm sorry for your situation. Unfortunately though, what qualifies for sick enough to miss work is exteremely subjective, and as a nanny, you are much easier to replace permanently than temporarily.
Anonymous
03/10/2013 17:57
Subject: Is this legal?
Anonymous wrote:Thanks for the responses. I'm a young woman who recently has been getting sick too much (flu, mono, infection) and was let go this morning. I understand completely that they need someone who is healthy enough to work and cannot afford to miss work themselves- it's just a bummer because I really loved my job and they loved me. I asked if I could use them as a reference and he said of course, but he would be telling the reason is due to health issues- which I believe is really shitty and NOT legal. Or am I wrong?
Why would you think this is illegal? It's the truth and it is a MAJOR factor with someone wanting to hire you or not. If you are going to be out sick quite often, then that means they will have to find backup care for you quite often as well. Not normally something people would want to do. So it is a good reason to fire you and to let others know why you were fired. I would say it would be kinda crappy if you had a health thing that meant taking a few weeks straight off work to heal and then you would be totally back up to par. But when it is more random and different things, that makes it harder to deal with. I can find a temp for 2 months straight, but finding people for a week here and another 3 days there is more difficult, especially when last minute.
Anonymous
03/10/2013 17:43
Subject: Is this legal?
Ugh, I'm sorry OP. That stinks. It's probably legal, but unfortunate. Honestly though, 5 sick days in 6 months isn't that crazy. It's on the high end, but that could've easily been just a week with Mono, which people get.
Anonymous
03/10/2013 17:30
Subject: Re:Is this legal?
Anonymous wrote:I'm sorry OP, that's really crappy.
I would talk to your former MB and DB and ask if they could phrase it in a particular way. I once had to leave a nanny job because I had a brain tumor, but rather than say that when I used them as references, they said there was an acute health issue that I needed time to resolve and that prior to that I'd been entirely dependable. Mono is likewise very acute, so if they'd be willing to emphasize your former reliability and be very clear that it was a sequence of acute and unfortunate events, I don't think you'll have trouble finding work. Also, a letter from your doctor would be helpful so when you're interviewing with new families you can be upfront with them - "I was let go from my former position because of XYZ, but my doctor has since given me a clean bill of health and verified that this was a unique and unusual circumstance for me."
Thank you. Will follow up with former bosses and see what they say.
Anonymous
03/10/2013 17:26
Subject: Re:Is this legal?
I'm sorry OP, that's really crappy.
I would talk to your former MB and DB and ask if they could phrase it in a particular way. I once had to leave a nanny job because I had a brain tumor, but rather than say that when I used them as references, they said there was an acute health issue that I needed time to resolve and that prior to that I'd been entirely dependable. Mono is likewise very acute, so if they'd be willing to emphasize your former reliability and be very clear that it was a sequence of acute and unfortunate events, I don't think you'll have trouble finding work. Also, a letter from your doctor would be helpful so when you're interviewing with new families you can be upfront with them - "I was let go from my former position because of XYZ, but my doctor has since given me a clean bill of health and verified that this was a unique and unusual circumstance for me."
I would talk to your former MB and DB and ask if they could phrase it in a particular way. I once had to leave a nanny job because I had a brain tumor, but rather than say that when I used them as references, they said there was an acute health issue that I needed time to resolve and that prior to that I'd been entirely dependable. Mono is likewise very acute, so if they'd be willing to emphasize your former reliability and be very clear that it was a sequence of acute and unfortunate events, I don't think you'll have trouble finding work. Also, a letter from your doctor would be helpful so when you're interviewing with new families you can be upfront with them - "I was let go from my former position because of XYZ, but my doctor has since given me a clean bill of health and verified that this was a unique and unusual circumstance for me."
Anonymous
03/10/2013 17:20
Subject: Is this legal?
They know I wasn't lying. We had a very good relationship and not once did they think I wasn't sick. I just had a terrible winter for some reason and missed over 5 days in under 6 months and they finally had enough. I feel terrible that I missed work but it's not like I could control getting the flu or mono. My doctor could write me a clean bill of health if I asked, I'm just feeling like no one is going to hire a nanny that is "wonderful with kids but got sick too much".
Anonymous
03/10/2013 17:14
Subject: Is this legal?
That stinks.
Legally, he can tell the truth. So he can say you were taking too much time off or too much time off due to illness. What he shouldn't do (and hopefully won't, if you had a good relationship ) is imply anything further than that. Like that you were lying or that you have some sort of chronic condition that means you will continue to get ill a lot in the future.
Do you have a doctor you can see for one checkup? Maybe a letter stating the nature if the illnesses and that it was just bad luck would be helpful.
Legally, he can tell the truth. So he can say you were taking too much time off or too much time off due to illness. What he shouldn't do (and hopefully won't, if you had a good relationship ) is imply anything further than that. Like that you were lying or that you have some sort of chronic condition that means you will continue to get ill a lot in the future.
Do you have a doctor you can see for one checkup? Maybe a letter stating the nature if the illnesses and that it was just bad luck would be helpful.
Anonymous
03/10/2013 17:06
Subject: Is this legal?
Thanks for the responses. I'm a young woman who recently has been getting sick too much (flu, mono, infection) and was let go this morning. I understand completely that they need someone who is healthy enough to work and cannot afford to miss work themselves- it's just a bummer because I really loved my job and they loved me. I asked if I could use them as a reference and he said of course, but he would be telling the reason is due to health issues- which I believe is really shitty and NOT legal. Or am I wrong?
Anonymous
03/10/2013 17:01
Subject: Re:Is this legal?
Echoing NannyDeb... the answer is unfortunately, probably yes.
nannydebsays
03/10/2013 16:54
Subject: Is this legal?
Generally speaking, nannies do not have the protection against that sort of thing that people who work for employers with more than 1 employee have.
So, yes, it's likely legal, but it's kind of a jerky thing to do unless the issue simply cannot be resolved positively.
So, yes, it's likely legal, but it's kind of a jerky thing to do unless the issue simply cannot be resolved positively.
Anonymous
03/10/2013 16:51
Subject: Is this legal?
Is it legal for a family to lay off a nanny for health issues?