Anonymous wrote:

Anonymous wrote:Not a PP,
How do you know there are three lawyers in the thread? I did not see any disclosure of such.

14:26 is clearly a lawyer. I am another one, and I agree with her post. 19:13 and 6:20 (our resident comma lady) is clearly not qualified to opine on the matter.

Oh great! Link us to some court cases where nannies have been forced, by a judge or jury, to uphold their end of an "enforceable contract". TIA

Anonymous wrote:Not a PP,
How do you know there are three lawyers in the thread? I did not see any disclosure of such.

14:26 is clearly a lawyer. I am another one, and I agree with her post. 19:13 and 6:20 (our resident comma lady) is clearly not qualified to opine on the matter.

Not a PP,
How do you know there are three lawyers in the thread? I did not see any disclosure of such.

It's not a statute, PP. In most states it is common law (and contract enforceability is generally a matter of state law). This is the stuff we carried over from Jolly Old England - you know, doctrines that have been formed over hundreds of years. And there are at least three lawyers responding to you, but it is clear you do not have a J.D. after your name. There are multiple sources of law in the U.S. Looking for a U.S. statute as the only source of authority gives lie to your claim of expertise.

Anonymous wrote:The work agreement is legally enforceable unless you include items that violate existing employment law:

From Legally Nanny (http://www.legallynanny.com/Agreements.html)

This detailed document deals with all aspects of your nanny's employment and is tailored to your individual situation. The agreement is straightforward, legally enforceable, and greatly reduces miscommunication or potential future disputes.

In order to be credible, please provide a link to the actual US law that supports your assertion.
Thanks.

The work agreement is legally enforceable unless you include items that violate existing employment law:

From Legally Nanny (http://www.legallynanny.com/Agreements.html)

This detailed document deals with all aspects of your nanny's employment and is tailored to your individual situation. The agreement is straightforward, legally enforceable, and greatly reduces miscommunication or potential future disputes.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Do tell 15:37 and 17:00. Why is an agreement that is supported by consideration and intended by both parties to be binding something other than a contract?

A contract is legally enforceable.
Whatever you might have, is not.

Not true. Many provisions in a typical nanny contract are enforceable. Those that are not include things that are independently illegal, such as restrictions on the nanny's right to quit and take other work, failure to pay at least minimum wage, and failure to pay OT.

Duh, federal employment law is obviously enforceable. 95% of what most of you put in your "agreement", is not. Did you not know that?

This is not true and you really should stop spouting misinformation. Very few employers have the time or desire to go about enforcing the contract, but aside from a few exceptions, once you all sign it, it is enforceable. If you believe it isn't enforceable, please show me a reputable source saying so. If a nanny runs around signing contracts and breaking them she CAN be sued and lose.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Do tell 15:37 and 17:00. Why is an agreement that is supported by consideration and intended by both parties to be binding something other than a contract?

A contract is legally enforceable.
Whatever you might have, is not.

Not true. Many provisions in a typical nanny contract are enforceable. Those that are not include things that are independently illegal, such as restrictions on the nanny's right to quit and take other work, failure to pay at least minimum wage, and failure to pay OT.

Duh, federal employment law is obviously enforceable. 95% of what most of you put in your "agreement", is not. Did you not know that?

Anonymous wrote:

Anonymous wrote:Do tell 15:37 and 17:00. Why is an agreement that is supported by consideration and intended by both parties to be binding something other than a contract?

A contract is legally enforceable.
Whatever you might have, is not.

Not true. Many provisions in a typical nanny contract are enforceable. Those that are not include things that are independently illegal, such as restrictions on the nanny's right to quit and take other work, failure to pay at least minimum wage, and failure to pay OT.

Anonymous wrote:Do tell 15:37 and 17:00. Why is an agreement that is supported by consideration and intended by both parties to be binding something other than a contract?

A contract is legally enforceable.
Whatever you might have, is not.

Do tell 15:37 and 17:00. Why is an agreement that is supported by consideration and intended by both parties to be binding something other than a contract?

It is a work agreement not a contract.

Often the nanny will have an agreement for you to use. But please don't call it a contract.

We took the sample one from here and tweaked it to meet our needs:
http://www.4nannytaxes.com/index.cfm/resources/forms/

Hello,

We are in the process of hiring a nanny and I'm searching for an employment contract we can use. Does anyone have an example they would be willing to share with me?

My e-mail address is:

Kellyswain13@ yahoo.com

Thank you.