Anonymous wrote:

Anonymous wrote:

Anonymous wrote:All -

What do most families do with a nanny that is not performing well but there is a contract in place?

How does that work? I can't find anything on this? Sorry - so new to contract stuff, that I feel like hiring a nanny is like doing a contract for LeBron James. Sheez.

I just had a bad experience with a nanny but kept her for a year. And as I'm hiring the next one, I dont want to commit to a year. I 'd like to do a trial. but Not sure how you bring that up

Thanks - always appreciate nanny "reasonable" responses also

An annual contract is a fantasy. It holds no water. She doesn't know how you'll be in 3 months either.

Whether or not a contract would hold up in court, or whether it would be worth taking it to court, or not, a contract is a good faith agreement between the parties and allows the parents and nanny to be clear and on the same page from the beginning. A nanny can use a contract to ask about nanny cams, performance reviews, raise review scheduling, clarify whether or not she can run personal errands at work, or if shr needs to bring her own lunch - all in the safe, non-confrontational framework of a contract.

MB often promise the world, and even put it in the contract. Changed her mind? Too bad. "You can quit if you don't like it."
Isn't that how it works for many people?

Anonymous wrote:

I agree with 13:07 but there is a broader middle ground where it isn't unethical to fire someone without explicitly warning them beforehand. If you have a nanny that is not performing specific duties..she comes in late all the time, agreed to do the dishes or laundry and isn't doing the dishes or laundry, she is abusing the ability to run her own errands, she is constantly on her phone etc then I think you can just fire her.


In any other job the kind of performance issues you're describing would mean a formal warning, not immediate dismissal. I believe the same should apply to a nanny.

It's important to stress that the above is only your personal opinion. No one needs to give formal warnings to fire for cause. It's nice, but not essential.

Pretty sure that's why I led with, "I believe."

Anonymous wrote:

Anonymous wrote:All -

What do most families do with a nanny that is not performing well but there is a contract in place?

How does that work? I can't find anything on this? Sorry - so new to contract stuff, that I feel like hiring a nanny is like doing a contract for LeBron James. Sheez.

I just had a bad experience with a nanny but kept her for a year. And as I'm hiring the next one, I dont want to commit to a year. I 'd like to do a trial. but Not sure how you bring that up

Thanks - always appreciate nanny "reasonable" responses also

An annual contract is a fantasy. It holds no water. She doesn't know how you'll be in 3 months either.

Whether or not a contract would hold up in court, or whether it would be worth taking it to court, or not, a contract is a good faith agreement between the parties and allows the parents and nanny to be clear and on the same page from the beginning. A nanny can use a contract to ask about nanny cams, performance reviews, raise review scheduling, clarify whether or not she can run personal errands at work, or if shr needs to bring her own lunch - all in the safe, non-confrontational framework of a contract.

Anonymous wrote:All -

What do most families do with a nanny that is not performing well but there is a contract in place?

How does that work? I can't find anything on this? Sorry - so new to contract stuff, that I feel like hiring a nanny is like doing a contract for LeBron James. Sheez.

I just had a bad experience with a nanny but kept her for a year. And as I'm hiring the next one, I dont want to commit to a year. I 'd like to do a trial. but Not sure how you bring that up

Thanks - always appreciate nanny "reasonable" responses also

An annual contract is a fantasy. It holds no water. She doesn't know how you'll be in 3 months either.

I don't think a Nanny can sue you if you let her go for not performing well.'

Think about all the other jobs out there.
Even at McDonald's or WalMart. When an employee doesn't live up to their employer's demands, they are fired and cannot sue unless of course they can prove they were fired because of malice or racism.

It is not illegal to fire someone over poor work performance. So I wouldn't stress too much over it. If a Nanny doesn't do her job well, I would sit down w/her first and try to work it out if you think it can be worked out. A warning would be ideal. Then if she still doesn't change, I would then let her go.

A "contract" puts into writing the obligations of each party, but that's all.

What's the point of a "trial period", if either one can simply quit any time?
What's the point of an annual contract? It's totally stupid and useless when it's legally an "at will" relationship. Right?

I agree with 13:07 but there is a broader middle ground where it isn't unethical to fire someone without explicitly warning them beforehand. If you have a nanny that is not performing specific duties..she comes in late all the time, agreed to do the dishes or laundry and isn't doing the dishes or laundry, she is abusing the ability to run her own errands, she is constantly on her phone etc then I think you can just fire her.


In any other job the kind of performance issues you're describing would mean a formal warning, not immediate dismissal. I believe the same should apply to a nanny.

It's important to stress that the above is only your personal opinion. No one needs to give formal warnings to fire for cause. It's nice, but not essential.

Anonymous wrote:I agree with 13:07 but there is a broader middle ground where it isn't unethical to fire someone without explicitly warning them beforehand. If you have a nanny that is not performing specific duties..she comes in late all the time, agreed to do the dishes or laundry and isn't doing the dishes or laundry, she is abusing the ability to run her own errands, she is constantly on her phone etc then I think you can just fire her.

In any other job the kind of performance issues you're describing would mean a formal warning, not immediate dismissal. I believe the same should apply to a nanny.

I agree with 13:07 but there is a broader middle ground where it isn't unethical to fire someone without explicitly warning them beforehand. If you have a nanny that is not performing specific duties..she comes in late all the time, agreed to do the dishes or laundry and isn't doing the dishes or laundry, she is abusing the ability to run her own errands, she is constantly on her phone etc then I think you can just fire her.

Although to follow up on PPs post, it is very unethical to fire someone without notice or severance for performance issues if you haven't raised your concerns previously. A nanny is an employee, not an IC, and it is your responsibility to manage her. If you talked to her about issues that didn't change you are firing for cause, but telling her that she hasn't been organizing enough play dates or serving the best meals and is therefore terminated immediately is VERY wrong. Endangering the kids, theft, lying = terminate immediately. Other performance concerns = manager/MB intervention first.

A nanny is still an at will employee even if you don't state it in your work agreement or contract. If you are firing her for performance, you should write a letter and document the reason. You must pay her for all hours worked even if she didn't perform the services she agreed to because she is an at will employee not a contractor. You do not give notice or severance to a nanny fired for performance. You do not provide reference but you can verify employment.

If a future employer calls you you simply state that you will confirm her working dates (start and end) but that you decline to provide a reference for her. I personally would avoid giving out details of her actual performance problems as declining to recommend someone speaks volumes on its own.

Its within your discretion to give severance to a nanny fired because you don't need her anymore and the job is going away. You do give notice to a nanny in this situation. Most families give not only references but they actively try help the nanny find another job if she was great.

You spell out the terms in your contract...? I don't completely understand your confusion.

1) include a trial period of 4 weeks in your contract, during which time either party can terminate the arrangement without reason or notice
2) spell out the terms of quitting (usually 2-4 weeks notice) and the terms being let go without cause (usually either 2-4 weeks notice or 2-4 weeks severance)
3) explicitly differentiate being fired for cause, typically anything that endangers the kids (while issues like chronic lateness should be subject to at least one formal warning before being fired "for cause"), and state no notice or severance will be paid in that case

Nannies are at will employees - a contract doesn't negate that. You should have language in your contract stating that this is an at will relationship. You should also include grounds for termination (Employment may be terminated at any time, without severance, in the event of children being placed in danger, theft, breach of trust etc... , and/or failure to show up for work for three days in a row without notice will be considered forfeiture of the position.)

You can specify the grounds, and specify whatever protections are appropriate for you (and for the employee also FYI) but the bottom line is still that with an at will relationship the nanny can quit or be fired without a great deal of practical legal jeopardy.

All -

What do most families do with a nanny that is not performing well but there is a contract in place?

How does that work? I can't find anything on this? Sorry - so new to contract stuff, that I feel like hiring a nanny is like doing a contract for LeBron James. Sheez.

I just had a bad experience with a nanny but kept her for a year. And as I'm hiring the next one, I dont want to commit to a year. I 'd like to do a trial. but Not sure how you bring that up

Thanks - always appreciate nanny "reasonable" responses also