Would the NY Nanny Law Help You? What are Your Termination Rights?

Have You Been Let-Go Without 14-Days Notice?

Last week the Domestic Worker Bill of Rights was passed in NY and is awaiting NY Governor Paterson to sign it into law.
The legislation requires that domestic employees receive a 14-day termination notice. If the employer fails to give adequate termination notice, the employee can receive back pay and the value or cost of any benefits that employee would have received.

Do you already have at least 14-day termination notice in your work agreement? Have you ever been fired without at least two-weeks notice or severance? Have you ever walked out on a job not giving the parents at least two-weeks notice?

Comments

  1. The family asked me to train a new puppy, was expecting a newborn would not have more money to pay me more and they reduced my salaried position from avg $16 per hour to hourly $12 an hour and I walked out never to return. BUT, there was a stay at home mom so I really didn't feel like I was leaving them high and dry. I felt the mother was making drama and wanted me gone by lowering my pay along with added responsibilities. I regret it today because no agency wanted to work with me after I walked out. I would never walk out again because in this market at least come to an agreement so you can receive unemployment benefits. Also you don't want future employers saying hearing angry references. Obviously I'm not leaving my name.

  2. Generally it's been at least 2 weeks to 6 weeks notice, either by bosses or me for various reasons.With unethical employers who were abusing terms of contract less time that, when my own safety was in question (like a raging alcoholic parent) that I left with NO notice.

  3. It is so emotional leaving a nanny job. I have always done my best to give one month notice, always, but not given the same respect. I gave my last job 30 days notice and when they found someone else they let me go the next day (less than a week after I gave notice). So I had 3 weeks between last job and current job without pay and I struggled. I needed that $1,000+ to pay rent. I was so nice about leaving and really tried to respect the former employers and they just didn't return the favor. I know a lot of nannies that have left without notice and 3 that weren't given 2 weeks notice this year!!!!

  4. http://www.bestnannynewsletter.com/moreadvice.htm#20The lasting impression made by employees becomes the basis for reference checks for years to come. Nannies that leave families in an unprofessional manner will not be able to depend on glowing recommendations.

  5. Even if the Domestic Worker Bill of Rights becomes law, nannies are "at will" employees and can be terminated for nearly any reason. Even if the employer dismisses the nanny for reasons that are illegal, such as race, the nanny would have a very hard time proving it in court. Many nannies complain about awful jobs, if they are giving an accurate accounting of what happened, but the stories are often in the category of lousy bosses and deteriorating relationships.

  6. Polly makes good point brought up a lot in other posts from days previous. The laws are only as good as they are enforcable. If nannies don't make the complaints there will be not use for the law. Is 2 weeks worth suing over? And if the nanny breaks any laws (like not paying taxes which I think most don't pay taxes) then they won't file a claim because then the nanny will get in trouble too. The law will only benefit law abiding citizens.But back to today's topic I know plenty of nannies that have been fired over misunderstandings and plenty of friends who have walked out of a job on the spot.I admit I have been nannying for a long time and once I walked out too because the Mom Boss finaly went too far. I had in that contract I'd give them 30 days notice but then she broke other terms in the contract so we ended it. She still gave me good references (surprisingly and luckily). Good point made previously that most parents will not give good reference if the relationship ends badly. It's in our best interest to end professionally working hard up to the last day and no "bashing" the family. Just go separate ways and hope for a good reference.

  7. I have 30 day termination notice in my work contract and I am to give them 30 days also. But I'm not sure if either of us me or the bosses would make a big deal about it if the job went bad. People in other occupations leave without notice and get fired without notice also. All occupations get fired for "cause" like stealing without notice or any way to get the money or job reference.Agencys always say to give 30 day notice I think, never heard of only 14 days like in the bill/law.

  8. I need to give a nod or shout out to Lora Brawley here.I was discussing today's blog topic with a nanny friend here and mentioned how some of us have found ourselves on short term dismissal. She was saying she used the one that Lora offers through her business, where policies about payment on being given notice for noncause is 30 days of pay. I don't know the exact terms, as I haven't bought one yet. BUT I AM NOW before I get sign on for my next job.I guess it's a very detailed lengthy one but that it covers all possible scenarios that we nannies can find ourselves in.

  9. I regret it now looking back but I left a job to never return once. Sometimes you just are treated so disrespectfully you got to go. It didn't hurt my chances of another job I don't think but I would rather leave on best terms possbile since then. One month notice for me and for them in my contract. I have seen plenty of parents lay off nannies or make the job so intolerable that this law is needed.

  10. Leaving a job has never gone well for me. Even when I simply out grew the job and was looking and parents took me out for farewell dinner and tried to be supportive we parted angry. I think the mom's pet peeves with me just started to show and it's like they have to be "done" with you personally to move on without you in their home too. When I have initiated a job search and having interviews before telling my employers they have gotten very angry. I try to be respectful. I too have never given less than 30 days. But second they hire someone else they do not provide me the same courtesy (even if it's in the work agreement). Leaving any job in any profession is difficult. Leaving parents and children you know so well is harder and more emotional I think. Never ever has there been an easy experience for me leaving a job.

  11. First job- did not know well enough to have a work agreement.Thankfully the family was upstanding and when an issue arose, we were always able to find a middle ground. However, they fired me then and there on a Friday night-but gave me 8 weeks severance pay. (we never discussed that part of the "work arrangement."Second family- said- "OH we don't need a "work agreement"..you are going to be like family!Again, silly on my part not to have one.I decided to quit after 6 months- and gave them two weeks notice- they wanted 4 weeks-I said- this is why we needed a work agreement! They were good employers- and I wanted to be a good employee- so I said- "Let's meet in the middle and do 3 weeks".Thankfully all went well.But the last two weeks were really hard to do.Third job-made sure I had a work agreement with *everything* spelled out.(just want to give a shout out to Lora Brawley and her A-Z family/nanny work agreement- it's super! (Visit her site at – http://www.allaboutnannycare.com- if you want more info on the A-Z Nanny Contract!) When I was let go- they gave me 4 weeks notice- when only 3 weeks was in the agreement.Again- it was hard to work the last two weeks- but all went well.Going forward I def. have it clearly spelled out. Three weeks, I feel is fair. If family wants to let me go before then- for any reason- expect "just cause" then they have to agree to pay me 3 weeks salary.I would never walk out on a job without giving at least 2 weeks-One day you might need them for a reference- and references usually base what they say on the last few months of your employment.Take the high road and leave on a positive note. If the family acts unprofessional, still remain professional. After all is said and done- they will be the only ones to regret how they acted.Let the last thing you teach the children be- HOW TO END A REALTIONSHIP IN A POSITIVE, HEALTHY WAY.~Andrea-Nanny, Northern, NJ

  12. What bugs me Andrea is if you got your first nanny job with help of a nanny placement agency why didn't they give you and/or the employers contract information? I think a reputable agency ought to help all nanny candidates with that and they often don't.Next thought is if the domestic workers bill of rights becomes law will the agencies inform parents of these laws or just wash their hand of it like so many already do? My experience is that most agencies I have worked for are 100% helpful for families but not so much for the nannies. They get you the interview but that's it. So if the agency doesn't tell a beginner nanny to have at least 14 days termination in the contract why would the typical nanny candidate think to include that?Agencies have to advocate for us too.

  13. Yes, I have been let go without notice or warning on more than one occasion….the second time it happened, I had already given the family a 4 week notice that I had decided to leave and after two weeks, I was told that my "services were no longer needed". Emelie

  14. I have seen the cleaning lady fired on the spot. Not fair, Mom Boss didn't wait for an explanation. I think the NY Nanny Law is trying to protect us from unfair firing like that. But if you don't pay your taxes (some taxes) you can't claim anything, or would be stupid to because then you'll be in trouble for not reporting your income.

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