Firing a nanny - legal ramifications/need to give notice?

alyssa7 · February 2011

We're planning to fire our nanny today. Do I have to give her any notice? I'm not sure if there are legal ramifications. I was planning to call her today (her day off) and tell her why we are letting her go and let her know we will mail her a check for services not paid for yet. I'll also type up a letter summing up our convo (why she is being let go, thanking her for watching C, final paycheck, etc.)

If you want the dirt:

There have been a series of miscommunications (maybe due to a language issue) and yesterday was the last straw when she gave him something he was allergic to. She knew he was highly allergic to nuts and she gave him pasta/pesto (which has cashews and pinenuts in it) and when I got home, I saw he was having an allergic reaction to something b/c his body was covered in a rash. She said she didn't know there were nuts in the sauce (if you don't know - don't feed him it!). She kept saying "he's ok" which made me angry - he was obviously not fine. She gave him the food 3 hours before I got home and she didn't call me to tell me anything just told me when I came home that he had a rash. I'm worried how she would respond to a real emergency.

RevJG · February 2011

Do you have a contract or any kind of formal agreement with her?

ericab819 · February 2011

hm. I'm not sure. We have a contact with ours and have an agreed window for termination.....good luck. Sorry it didn't work out.

LoLoPanda · February 2011

I like your idea of writing her a letter, but I would have her sign it acknowledging the reasons why she's being let go after you explain to her what is in the letter. That way if she tries to say that you fired her for different reasons and decides to pursue action, you have a letter signed by you both that you both understand the reasons why she's being let go. Also, I'd make a copy of her final check in case she tries to say you didn't pay her in a timely manner.

We just had to fire someone in our office yesterday too so all this is still pretty fresh in my mind. I'm sure it's different in a nanny/employer situation, but I'd do everything I could to cover my bases.

kittylove · February 2011

When I worked as a nanny it was always pre-determined that they would give two weeks notice or two weeks pay. But we always talked about it before hand so I don't know what you should do in your situation. I do agree that you should do this in person, and that she should sign the bottom of the page where you exsplain why she is being let go. As for the reason of termination, that seems like a very valid reason to me.

SweetieP · February 2011

I'm not sure if this is true for in-home firings but there is a law that states that when you fire an employee, they are required to have their money (in hand) within 72 hours.

I would honestly not send a letter. Or if you do, don't put in the reasons for letting her go. It becomes much too sticky. Just tell her that you're no longer requiring her services and leave it at that. Employment law is so so sticky.

I'm sorry it didn't work out.

alyssa7 · February 2011

Thanks everyone. We do not have a contract with her. I haven't really talked about it here yet (trying not to jinx it) but we're trying to see if its possible for me to be a SAHM (DH is interviewing and if he gets a good offer, I might resign). We've been very open to the nanny and told her many times that if I am going to resign I'll give her 2 weeks notice and if she is offered a full time job elsewhere, take it, bc we can't guarentee a job.

My husband doesn't want to give her notice now, mainly b/c she is being fired and we'll have to pay for another nanny at the same time (already have someone lined up). I feel like if we terminated the relationship for x reason like me resigning I should give her notice but since she is fired, I don't feel as obligated but I feel a bit bad about it. This is how it typically works at my company (I'm in HR) but I wasn't sure if there are any rules in the non corporate world.

Ugh she just left a message asking if C is ok and hoping she'll see us tomorrow.

alyssa7 · February 2011

SweetieP:

I'm not sure if this is true for in-home firings but there is a law that states that when you fire an employee, they are required to have their money (in hand) within 72 hours.

I would honestly not send a letter. Or if you do, don't put in the reasons for letting her go. It becomes much too sticky. Just tell her that you're no longer requiring her services and leave it at that. Employment law is so so sticky.

I'm sorry it didn't work out.

I feel the same way. My mom suggested the letter but I'm not sure. Like I said, I work in HR and am a bit paranoid about having something in writing.

jsugrin · February 2011

alyssa7:
Thanks everyone. We do not have a contract with her. I haven't really talked about it here yet (trying not to jinx it) but we're trying to see if its possible for me to be a SAHM (DH is interviewing and if he gets a good offer, I might resign). We've been very open to the nanny and told her many times that if I am going to resign I'll give her 2 weeks notice and if she is offered a full time job elsewhere, take it, bc we can't guarentee a job.

My husband doesn't want to give her notice now, mainly b/c she is being fired and we'll have to pay for another nanny at the same time (already have someone lined up). I feel like if we terminated the relationship for x reason like me resigning I should give her notice but since she is fired, I don't feel as obligated but I feel a bit bad about it. This is how it typically works at my company (I'm in HR) but I wasn't sure if there are any rules in the non corporate world.

Ugh she just left a message asking if C is ok and hoping she'll see us tomorrow.

You need to pay her at the time of termination. The 72 hours is for a voluntary quit, when the employer instigates the termination payment is due at time of seperation. For that reason I would get her face to face, if you feel that sending a letter is your only option you must send it certified mail with a return receipt to ensure she can't come back and say she never received it.

My stance on additional payment of terminated employees has always been (was a former HR Director before kids) was that termination for cause = no cash. I think it's also important to note, is this a legal employement? Are you paying her cash under the table or paying taxes ect? If you aren't paying her taxes ect, I'd also proceed with a bit of caution since she could bite you in the ass if she's pissed.

I would do a letter, keeping it short and strictly factual. On X date I warned you about X, and on X date you did X which led us to make the decision to terminate your employment.

alyssa7 · February 2011

jsugrin:
alyssa7:

Thanks everyone. We do not have a contract with her. I haven't really talked about it here yet (trying not to jinx it) but we're trying to see if its possible for me to be a SAHM (DH is interviewing and if he gets a good offer, I might resign). We've been very open to the nanny and told her many times that if I am going to resign I'll give her 2 weeks notice and if she is offered a full time job elsewhere, take it, bc we can't guarentee a job.

My husband doesn't want to give her notice now, mainly b/c she is being fired and we'll have to pay for another nanny at the same time (already have someone lined up). I feel like if we terminated the relationship for x reason like me resigning I should give her notice but since she is fired, I don't feel as obligated but I feel a bit bad about it. This is how it typically works at my company (I'm in HR) but I wasn't sure if there are any rules in the non corporate world.

Ugh she just left a message asking if C is ok and hoping she'll see us tomorrow.

You need to pay her at the time of termination. The 72 hours is for a voluntary quit, when the employer instigates the termination payment is due at time of seperation. For that reason I would get her face to face, if you feel that sending a letter is your only option you must send it certified mail with a return receipt to ensure she can't come back and say she never received it.

My stance on additional payment of terminated employees has always been (was a former HR Director before kids) was that termination for cause = no cash. I think it's also important to note, is this a legal employement? Are you paying her cash under the table or paying taxes ect? If you aren't paying her taxes ect, I'd also proceed with a bit of caution since she could bite you in the ass if she's pissed.

I would do a letter, keeping it short and strictly factual. On X date I warned you about X, and on X date you did X which led us to make the decision to terminate your employment.

thanks - we are not paying under the table.

amyfelice · February 2011

I would give her something two weeks pay probably, but that's not by a law or anything. Also in the future, maybe you want to label the stuff in your fridge, "nuts" or "no nuts' On a piece of tape. Because honestly, I would never have thought pesto would have nuts in it either.

Mrs.K&C · February 2011

amyfelice:
I would give her something two weeks pay probably, but that's not by a law or anything. Also in the future, maybe you want to label the stuff in your fridge, "nuts" or "no nuts' On a piece of tape. Because honestly, I would never have thought pesto would have nuts in it either.

Honestly, I didn't realize pesto had nuts until I made it once and if I make it from scratch now I don't include the nuts. I think she should have obviously contacted you when the reaction occurred but I can understand not knowing pesto can contain nuts.

Anyway, legally you need to have payment available at time of termination, but even if you have a contract you can fire with cause without notice.

alyssa7 · February 2011

Mrs.K&C:

amyfelice:
I would give her something two weeks pay probably, but that's not by a law or anything. Also in the future, maybe you want to label the stuff in your fridge, "nuts" or "no nuts' On a piece of tape. Because honestly, I would never have thought pesto would have nuts in it either.

Honestly, I didn't realize pesto had nuts until I made it once and if I make it from scratch now I don't include the nuts. I think she should have obviously contacted you when the reaction occurred but I can understand not knowing pesto can contain nuts.

Anyway, legally you need to have payment available at time of termination, but even if you have a contract you can fire with cause without notice.

I think it was an honest mistake and would have given her another chance but it was mostly that he was broken out in a head to toe ranch and she didn't call my self or my husband. She fed him at 2:00 and I saw the rash when I got home at 5:00 so I didn't know how long he was broken out and she kept saying "he is fine".

I think in the future I will label - good tip.

amyfelice · February 2011

alyssa7:
Mrs.K&C:

amyfelice:
I would give her something two weeks pay probably, but that's not by a law or anything. Also in the future, maybe you want to label the stuff in your fridge, "nuts" or "no nuts' On a piece of tape. Because honestly, I would never have thought pesto would have nuts in it either.
Honestly, I didn't realize pesto had nuts until I made it once and if I make it from scratch now I don't include the nuts. I think she should have obviously contacted you when the reaction occurred but I can understand not knowing pesto can contain nuts.
Anyway, legally you need to have payment available at time of termination, but even if you have a contract you can fire with cause without notice.
I think it was an honest mistake and would have given her another chance but it was mostly that he was broken out in a head to toe ranch and she didn't call my self or my husband. She fed him at 2:00 and I saw the rash when I got home at 5:00 so I didn't know how long he was broken out and she kept saying "he is fine".
I think in the future I will label - good tip.

Oh she absolutely should have called you and I totally agree. Just a thought to try to prevent any mistakes in the future. I am so sorry if it sounded like I was saying you should not let her go. I would definitely do the same!!!!

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