How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118188
Experience:  20+ Years of Employment Law Experience
10285032
Type Your Employment Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

We hired a nanny and have a contract that states "Both parties

This answer was rated:

We hired a nanny and have a contract that states "Both parties agree to a 4 week notice before job termination unless Nanny is terminated for cause" and "Nanny agrees to a 30 day probationary period during which either party may terminate this employment without penalty." The nanny quit without notice after 1 week worked. Can we withhold her pay and can we sue her for costs incurred for finding a Nanny and lost wages for us during that 4 week period? Just wondering what rights we have.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

I am afraid that the contract clauses you mentioned above actually conflict, since if she has a 30 day probationary period that would be 4 weeks (roughly) and it would not be possible to terminate employment at any time during that period with 4 week notice, since you would exceed the 30 days then.

You cannot withhold her pay that would be a violation of the fair labor standards act, so you have to pay her. While you could claim the 4 week notice period, the contract states either party could terminate without penalty during the 30 day probationary period, do this would be a tough argument to win on based on the way you stated the contract was written. You really are going to need to rewrite that contract I am afraid for the future, because the 30 day probationary clause is going to prevent you from trying to claim she breached the contract because you say it stated either party could leave without penalty in the 30 day probationary period.



I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Law Educator, Esq. and 2 other Employment Law Specialists are ready to help you