Anonymous
05/11/2015 14:56
Subject: Why give an employer extended notice (30-60-90 days) if they don't have to do the same for you?
Anonymous wrote:MB here- with some legal knowledge.
You don't owe employers more than 2 weeks notice, maybe 4 weeks if you want to be nice and have had a good relationship with them.
No boss is going to sue a lower paid nanny for "breach of contract". What damages could they collect? None really. Plus the legal cost to the family wouldn't be worth it.
At worst, they give you a bad reference, which most new employers will recognize as them just being pissed off that you are leaving.
Thank you so much for your excellent advice.
Anonymous
04/28/2015 14:54
Subject: Why give an employer extended notice (30-60-90 days) if they don't have to do the same for you?
MB here- with some legal knowledge.
You don't owe employers more than 2 weeks notice, maybe 4 weeks if you want to be nice and have had a good relationship with them.
No boss is going to sue a lower paid nanny for "breach of contract". What damages could they collect? None really. Plus the legal cost to the family wouldn't be worth it.
At worst, they give you a bad reference, which most new employers will recognize as them just being pissed off that you are leaving.
You don't owe employers more than 2 weeks notice, maybe 4 weeks if you want to be nice and have had a good relationship with them.
No boss is going to sue a lower paid nanny for "breach of contract". What damages could they collect? None really. Plus the legal cost to the family wouldn't be worth it.
At worst, they give you a bad reference, which most new employers will recognize as them just being pissed off that you are leaving.
Anonymous
04/21/2015 22:17
Subject: Why give an employer extended notice (30-60-90 days) if they don't have to do the same for you?
Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:9:18 is right. And I hardly think that an employer having to prove cause for dismissal would be particularly difficult. And what nannies have the means to fund a robust defense?
The case would settle, one or both parties would give up, and the amounts are likely to only rise to small claims court anyway.
Blustering about enforceability of a contract means little in the real world. Almost no cases will ever get to that point, for all kinds of pragmatic reasons.
You are clearly not an attorney.
Nope. I just live in the real world, and have a 30 year career in HR.
Obviously a real pro at defending dishonest employers. Thanks for coming clean with that detail.
Oh please. I don't "defend" anyone - as I said, I'm not an attorney.
I'm just pragmatic and experienced. Lawsuits are messy, long, expensive and painful. Neither parents or nannies have the time, energy or money to invest in them, and they're a drain on the legal system also so judicial systems will dispose of them quickly. It's fun to talk about suing people but it is not at all fun to actually do.
So practically speaking, keep pretending there's an enforceable contract, but in all reality not really?
Do you know what the word enforceable means? Yes contract CAN be enforced, hence it is enforceable. If someone cares enough to pursue a breach of the contract, yes the contract would be enforceable to the extent that it abides by the law. You are arguing something different. Practically, it is very unlikely that anyone is going to court over your nanny contract. We generally aren't talking about huge sums of money here, so it isn't worth the time or effort to pursue it legally. That doesn't change the fact that it is a contract, and if you piss someone off enough they can in fact hold you to it. If you agree to a contract term (without an at will clause, meaning nothing saying you can break the contract at will or without cause) you can be held responsible, but you won't be forced to work for someone. You may have to pay damages to the family for lost time and expenses incurred in replacing you. That is IF they actually pursue it. Generally, it is best practice not to agree to contracts that you do not intend to honor. You may get away with it or you may not.
I've had lawyer moms break contracts on me without even an apology. They just don't care.
You know why? Because they are well aware that it isn't worth the time or effort to try to take someone to court over an employment agreement for a low paying at will position.
Thanks for the "bumping up for employers" other PP. I think you meant that as a jab. That's just more wasted effort.
Anonymous
04/21/2015 16:06
Subject: Why give an employer extended notice (30-60-90 days) if they don't have to do the same for you?
Bumping this up for employers.
Anonymous
04/16/2015 14:20
Subject: Why give an employer extended notice (30-60-90 days) if they don't have to do the same for you?
Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:9:18 is right. And I hardly think that an employer having to prove cause for dismissal would be particularly difficult. And what nannies have the means to fund a robust defense?
The case would settle, one or both parties would give up, and the amounts are likely to only rise to small claims court anyway.
Blustering about enforceability of a contract means little in the real world. Almost no cases will ever get to that point, for all kinds of pragmatic reasons.
You are clearly not an attorney.
Nope. I just live in the real world, and have a 30 year career in HR.
Obviously a real pro at defending dishonest employers. Thanks for coming clean with that detail.
Oh please. I don't "defend" anyone - as I said, I'm not an attorney.
I'm just pragmatic and experienced. Lawsuits are messy, long, expensive and painful. Neither parents or nannies have the time, energy or money to invest in them, and they're a drain on the legal system also so judicial systems will dispose of them quickly. It's fun to talk about suing people but it is not at all fun to actually do.
So practically speaking, keep pretending there's an enforceable contract, but in all reality not really?
Do you know what the word enforceable means? Yes contract CAN be enforced, hence it is enforceable. If someone cares enough to pursue a breach of the contract, yes the contract would be enforceable to the extent that it abides by the law. You are arguing something different. Practically, it is very unlikely that anyone is going to court over your nanny contract. We generally aren't talking about huge sums of money here, so it isn't worth the time or effort to pursue it legally. That doesn't change the fact that it is a contract, and if you piss someone off enough they can in fact hold you to it. If you agree to a contract term (without an at will clause, meaning nothing saying you can break the contract at will or without cause) you can be held responsible, but you won't be forced to work for someone. You may have to pay damages to the family for lost time and expenses incurred in replacing you. That is IF they actually pursue it. Generally, it is best practice not to agree to contracts that you do not intend to honor. You may get away with it or you may not.
I've had lawyer moms break contracts on me without even an apology. They just don't care.
Anonymous
04/16/2015 14:04
Subject: Why give an employer extended notice (30-60-90 days) if they don't have to do the same for you?
Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:9:18 is right. And I hardly think that an employer having to prove cause for dismissal would be particularly difficult. And what nannies have the means to fund a robust defense?
The case would settle, one or both parties would give up, and the amounts are likely to only rise to small claims court anyway.
Blustering about enforceability of a contract means little in the real world. Almost no cases will ever get to that point, for all kinds of pragmatic reasons.
You are clearly not an attorney.
Nope. I just live in the real world, and have a 30 year career in HR.
Obviously a real pro at defending dishonest employers. Thanks for coming clean with that detail.
Oh please. I don't "defend" anyone - as I said, I'm not an attorney.
I'm just pragmatic and experienced. Lawsuits are messy, long, expensive and painful. Neither parents or nannies have the time, energy or money to invest in them, and they're a drain on the legal system also so judicial systems will dispose of them quickly. It's fun to talk about suing people but it is not at all fun to actually do.
So practically speaking, keep pretending there's an enforceable contract, but in all reality not really?
Do you know what the word enforceable means? Yes contract CAN be enforced, hence it is enforceable. If someone cares enough to pursue a breach of the contract, yes the contract would be enforceable to the extent that it abides by the law. You are arguing something different. Practically, it is very unlikely that anyone is going to court over your nanny contract. We generally aren't talking about huge sums of money here, so it isn't worth the time or effort to pursue it legally. That doesn't change the fact that it is a contract, and if you piss someone off enough they can in fact hold you to it. If you agree to a contract term (without an at will clause, meaning nothing saying you can break the contract at will or without cause) you can be held responsible, but you won't be forced to work for someone. You may have to pay damages to the family for lost time and expenses incurred in replacing you. That is IF they actually pursue it. Generally, it is best practice not to agree to contracts that you do not intend to honor. You may get away with it or you may not.
Anonymous
04/16/2015 12:36
Subject: Why give an employer extended notice (30-60-90 days) if they don't have to do the same for you?
Anonymous wrote:I gave a 6 months notice and we picked my last day! Turn around a month later and they found a new nanny and gave me no notice. So disgusting.
What scum. I also had to learn this the hard way. We tend to be way too trusting of our employers.
Anonymous
04/16/2015 12:06
Subject: Why give an employer extended notice (30-60-90 days) if they don't have to do the same for you?
I gave a 6 months notice and we picked my last day! Turn around a month later and they found a new nanny and gave me no notice. So disgusting.
Anonymous
04/13/2015 10:19
Subject: Why give an employer extended notice (30-60-90 days) if they don't have to do the same for you?
Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:9:18 is right. And I hardly think that an employer having to prove cause for dismissal would be particularly difficult. And what nannies have the means to fund a robust defense?
The case would settle, one or both parties would give up, and the amounts are likely to only rise to small claims court anyway.
Blustering about enforceability of a contract means little in the real world. Almost no cases will ever get to that point, for all kinds of pragmatic reasons.
You are clearly not an attorney.
Nope. I just live in the real world, and have a 30 year career in HR.
Obviously a real pro at defending dishonest employers. Thanks for coming clean with that detail.
Oh please. I don't "defend" anyone - as I said, I'm not an attorney.
I'm just pragmatic and experienced. Lawsuits are messy, long, expensive and painful. Neither parents or nannies have the time, energy or money to invest in them, and they're a drain on the legal system also so judicial systems will dispose of them quickly. It's fun to talk about suing people but it is not at all fun to actually do.
So practically speaking, keep pretending there's an enforceable contract, but in all reality not really?
Anonymous
04/13/2015 09:30
Subject: Why give an employer extended notice (30-60-90 days) if they don't have to do the same for you?
Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:9:18 is right. And I hardly think that an employer having to prove cause for dismissal would be particularly difficult. And what nannies have the means to fund a robust defense?
The case would settle, one or both parties would give up, and the amounts are likely to only rise to small claims court anyway.
Blustering about enforceability of a contract means little in the real world. Almost no cases will ever get to that point, for all kinds of pragmatic reasons.
You are clearly not an attorney.
Nope. I just live in the real world, and have a 30 year career in HR.
Obviously a real pro at defending dishonest employers. Thanks for coming clean with that detail.
Oh please. I don't "defend" anyone - as I said, I'm not an attorney.
I'm just pragmatic and experienced. Lawsuits are messy, long, expensive and painful. Neither parents or nannies have the time, energy or money to invest in them, and they're a drain on the legal system also so judicial systems will dispose of them quickly. It's fun to talk about suing people but it is not at all fun to actually do.
Anonymous
04/12/2015 07:59
Subject: Why give an employer extended notice (30-60-90 days) if they don't have to do the same for you?
Anonymous wrote:Anonymous wrote:Anonymous wrote:9:18 is right. And I hardly think that an employer having to prove cause for dismissal would be particularly difficult. And what nannies have the means to fund a robust defense?
The case would settle, one or both parties would give up, and the amounts are likely to only rise to small claims court anyway.
Blustering about enforceability of a contract means little in the real world. Almost no cases will ever get to that point, for all kinds of pragmatic reasons.
You are clearly not an attorney.
Nope. I just live in the real world, and have a 30 year career in HR.
Obviously a real pro at defending dishonest employers. Thanks for coming clean with that detail.