Anonymous
08/21/2013 15:10
Subject: Re:Firing Nanny - Need a Release of Claims Form
Anonymous wrote:Anonymous wrote:Anonymous wrote:Agree with PP - firing for cause happens immediately after an incident or prior to the next working day. You don't get to say "well, the nanny left Jimmy by the pool unattended last week and now we've decided to fire her for cause" when she's continued working for you in the meantime. If your friend has had her nanny working since the incident/"cause" she should pay the full severance.
I fired for cause - my nanny was consistently late. I reminded her of work hours and expectations. She continued to be late. I got my ducks in a row with temporary care and fired her. It does not need to happen on the next working day. (But since she was consistently late - it would not have been tough for it to be)
That is a situation in which a non immediate termination makes sense, as she did not endanger the safety of your children. However if the situation for cause is truly similar to that of the earlier pp, it doesn't make sense that you would still allow her to watch your children. Either it happened or it didn't, either it was serious enough to warrant termination or not, either she can no longer be trusted or not. The fact that she wasn't fired immediately brings into question if the situation happened as the parent claims it did, and if they are embellishing or fabricating the incident to get out of severance/unemployment. If there is a dispute down the road, the burden of proof that she was fired for cause will fall on the employer and her case would be questionable at best.
+1
In the case of a nanny who is repeatedly late or fails to meet other expectations without endangering the children, there is a process of sitting down and reiterating expectations, giving the nanny a formal warning, and then issuing termination for cause. If your friend went through all of those steps for a non-life-threatening failing, fine. If, however, it was a child-endangerment issue that is her cause for termination, having the nanny continue to work in the meantime seriously calls into question whether the incident warranted a firing or not.
Anonymous
08/21/2013 14:51
Subject: Firing Nanny - Need a Release of Claims Form
Anonymous wrote:Anonymous wrote:OP - your friend needs a clear concise letter stating the grounds for termination (Nanny is being terminated as a result of having left child screaming and unattended on August 17, 18 and 19 - or whatever the grounds).
As per the contract, termination with cause means that severance pay is inapplicable.
Your last day of employment with us is today, but in light of your tenure with the family however, we will pay you through Sept 6.
That payment will be made through our normal payroll method and is subject to you returning all household keys, and any other items.
Signing of this letter means you agree to accept this termination, the two weeks of additional pay, and release Mr. and Mrs. Doe from any further obligations.
Of course nannies should not sign anything until it's been reviewed by a lawyer. Legal aid will do it for free.
Some MBs will pressure the nanny to sign something in order to receive some incorrect paycheck amount.
Anonymous
08/21/2013 14:09
Subject: Firing Nanny - Need a Release of Claims Form
9:02 - you must be either a nanny or only a short term employer of a nanny. I am the pp who said that with a long time nanny even a terrible decision lapse may be a tough call if otherwise nanny normally has relatively good judgement. It is just not always as easygoing black and white.
Anonymous
08/21/2013 14:07
Subject: Firing Nanny - Need a Release of Claims Form
I'd never sign a letter. I'd go to the labor board and sue for years of overtime. I'd get a lot more than 2 weeks pay! I hope the nanny reads this.