Anonymous wrote: It leads one to ask if these errors are made on purpose, specifically by including both the "at will" AND duration of employment term.

Anonymous wrote:Almost every nanny employment contract I've come across lacked definitions in any meaningful sense. Good luck winning a settlement with a contract that has giant holes in it.

They usually do specify terms and notice periods of termination with and without cause. Only if they lack that clause could one possibily have a chance at getting wages through for the duration of the contract.

Anonymous wrote:

Anonymous wrote:Almost every nanny employment contract I've come across lacked definitions in any meaningful sense. Good luck winning a settlement with a contract that has giant holes in it.

They usually do specify terms and notice periods of termination with and without cause. Only if they lack that clause could one possibily have a chance at getting wages through for the duration of the contract.

About how many nanny contracts have you "come across"?

Anonymous wrote:

Anonymous wrote:Almost every nanny employment contract I've come across lacked definitions in any meaningful sense. Good luck winning a settlement with a contract that has giant holes in it.

They usually do specify terms and notice periods of termination with and without cause. Only if they lack that clause could one possibily have a chance at getting wages through for the duration of the contract.

About how many nanny contracts have you "come across"?

Anonymous wrote:Almost every nanny employment contract I've come across lacked definitions in any meaningful sense. Good luck winning a settlement with a contract that has giant holes in it.

They usually do specify terms and notice periods of termination with and without cause. Only if they lack that clause could one possibily have a chance at getting wages through for the duration of the contract.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Nannies should not sign contracts unless firing for cause is clearly defined, that way a parent cannot make up any excuse at all for terminating your contract early, if you choose to allow it to be a term contract. My contract defines fire for cause as:

-committing a crime
-abusing the children
-persistent tardiness of more than 15 minutes
-persistent non performance of duties, which are also clearly defined and my employers cannot fire me (for cause)because I'm not performing a task I didn't agree to.

It also defines cause for my quitting without notice:
-fear of harm or retribution
-failure to remit payment
-persistent non compliance of the agreed upon terms
-persistent non performance of employer responsibilities (running payroll
on time, responding to communication attempts, providing me with equipment/materials needed to perform my job, etc)

You bring up an interesting question. If you allow parents to include additional work beyond childcare, and you can't get to it because the children require your full attention on some days, you can be fired for cause?

Of course they always say, "the children come first", but from what I hear, they often don't mean it. The spotless house is actually more important to some parents than well cared for children.

We're talking about the content of the contract.

Anonymous wrote:OP I don't know where you are getting your information but that isn't correct. A nanny is an hourly at will employee no matter what her contracts says or doesn't say about it. Employers and nannies can't write in terms that are counter to the employment regulations.

An employer can write in the contract that the nanny agrees to stay for two years but this isn't enforceable. The nanny doesn't owe the employer 1.5 years of pay if she quits after 6 months. An employer can also fire a nanny for any reason. They don't need cause because she is an at will employee. The term "cause" comes more into play for whether the nanny would receive any termination notification time outlined in the contract and whether she would be eligible for unemployment.

Another example would be minimum wage. An employer can write in the contract that the nanny accepts a rate below minimum wage. The nanny can sign it but the nanny is still owed a rate that is minimum wage and can later file for back pay. It doesn't matter that the contract said both parties agreed to lower than minimum wage.

Finally, I think many nannies don't realize that cause is a broad term and there is no need to prove cause beyond a reasonable doubt. Some nannies seem to think that if the employer doesn't have criminal court level evidence of her not performing her job that it is not cause. They don't need a time stamped, independently authenticated photo of you chatting on your phone at the park. Cause can be as a simple as insubordination, failure to communication, dereliction of duty, misappropriation of employer property resources and there is no requirement that nannies be given multiple chances. If you are late once this could be used for cause. You can't argue that you had a bunch of reasons why you were late or that you think you should get another chance or even that its not fair because your employer was late. Nope, you wee late is all that matters in terms of cause.

Anonymous wrote:An illegal fire may be "minor" for you, but a fair court ordered settlement of many thousands of dollars would be a major benefit to most nannies.

The judge would most likely award the nanny her full wages due through the end of the term of the contract.

Remember that having been suddenly fired without cause, the nanny has plenty of time on her hands to get the free legal aid help that an unemployed nanny is most certainly qualified to receive.

Anonymous wrote:

Anonymous wrote:Nannies should not sign contracts unless firing for cause is clearly defined, that way a parent cannot make up any excuse at all for terminating your contract early, if you choose to allow it to be a term contract. My contract defines fire for cause as:

-committing a crime
-abusing the children
-persistent tardiness of more than 15 minutes
-persistent non performance of duties, which are also clearly defined and my employers cannot fire me (for cause)because I'm not performing a task I didn't agree to.

It also defines cause for my quitting without notice:
-fear of harm or retribution
-failure to remit payment
-persistent non compliance of the agreed upon terms
-persistent non performance of employer responsibilities (running payroll
on time, responding to communication attempts, providing me with equipment/materials needed to perform my job, etc)

You bring up an interesting question. If you allow parents to include additional work beyond childcare, and you can't get to it because the children require your full attention on some days, you can be fired for cause?

Of course they always say, "the children come first", but from what I hear, they often don't mean it. The spotless house is actually more important to some parents than well cared for children.

We're talking about the content of the contract.

Anonymous wrote:Nannies should not sign contracts unless firing for cause is clearly defined, that way a parent cannot make up any excuse at all for terminating your contract early, if you choose to allow it to be a term contract. My contract defines fire for cause as:

-committing a crime
-abusing the children
-persistent tardiness of more than 15 minutes
-persistent non performance of duties, which are also clearly defined and my employers cannot fire me (for cause)because I'm not performing a task I didn't agree to.

It also defines cause for my quitting without notice:
-fear of harm or retribution
-failure to remit payment
-persistent non compliance of the agreed upon terms
-persistent non performance of employer responsibilities (running payroll
on time, responding to communication attempts, providing me with equipment/materials needed to perform my job, etc)