Tuesday

The Unsigned Contract

I started working for this family in the beginning of June. We have a nanny contract that was never signed. In the contract, it states that I will give them four weeks notice before leaving, but honestly these kids make me miserable. There is no bond at all between me and the children. The parents are great, but I'm not spending all my time with them. Their two sons (ages 7 and 5) hit, kick and scream at me, leaving bruises when they're finished. They will follow me around calling me stupid and awful, along with "I hate you". I try to put them in time out and they slam doors and throw shoes at me. I'd be fine giving them two weeks but I think a month would push me over. I work in the Boston Suburbs and make 17/hr at 60 hours a week on the books. Could they sue me for breach of contract/lost wages?

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The I SAW YOUR NANNY Team

13 comments:

Anonymous said...

Not if you never signed the contract.

Anonymous said...

It's not an implied contract then?

Anonymous said...

Have you spoken to the parents about this behavior? Maybe let them know it's not working and that you don't want to leave them like that however you can not and will not work when being treated like that. Maybe you can find a solution or you will come to the mutual agreement to end things. Best of luck.

Julie said...

If the contract was not signed, it is not valid. Neither party can be held to the terms of a contractual agreement that was not completed.

If you can't give the amount of time you feel you should, try to give as much as possible. you can only do what you can do.
Also, if it was me, I would have a serious and immediate conversation with the parents regarding children who are violent toward you. Hitting is unacceptable. From nanny to child or child to nanny, it is grounds for IMMEDIATE termination of employment. and is considered "just cause" in every state. Clearly spell out to the parents that you really like them but this must stop now. If any of there children hit you, you will have to leave immediately.
You should not leave your job battered or bruised because of a violent altercation of any kind.
Don't get me wrong, a 3 year old that hits you is not okay, but it is completely different than a 7, 9, or 14 year old doing so.
You do not have to take it, and I would make it clear to the parents that should it happen again, you are out. No notice. Just gone. If they are the kind of people that are worth working for, they will take care of the issue immediately.

Julie said...

oh, and if you leave your job because the children are violent and abusive, you will still be eligible for unemployment in some places. Talk to an unemployment law specialist in your state.
Its called an unsafe work environment, and if the parents know about it and do not fix it they are liable for it.

Anonymous said...

OP here. I have spoken to their parents at length and they do not know how to deal with it. The behavior started early July and has only gotten worse. I'm going to give my notice tonight, I just wanted to see if I needed to give the 30 days or if I could just give two weeks.

Kate said...

There is absolutely no need to accept abuse. Tell parents that you're being hit and mistreated by their kids! There's no reason to accept this. Why haven't you addressed this issue with the parents before today?

OP said...

I have several times over the last three months.

Anonymous said...

Op if you have spoken to them and nothing has been done then good for you for leaving. Two weeks is fine heck I wouldn't give them that! They know their children are abusing you and doing Nothing so clearly you have a legal right to leave. You could call the cops and show them bruises the child left and I'm sure then they would do something then. No excuse for that behavior.
goodluck in finding another family that treats you better. I am not so far from you and know there are plenty of great families out here!

Kate said...

Yep, so definitely leave! Good luck

RBTC said...

keep us posted - you have broght the problem to their notice, the environment is unsafe - you have the right to leave immediately, document everything - good luck

Corina Yildiz said...

I wouldn't give notice. Why should you? I would walk out the door same day. Especially if you brought this up three months in advance.

Julie said...

wow, I wish I had known from the beginning that you have already had conversations about the children's violence. That changes things a bit . knowing this, I would write them a letter or email that spells out that you have expressed your concerns on numerous occasions (list dates,) and that nothing has changed. Tell them you cannot continue to work in an unsafe environment, and that because the violence has continued, you are tendering your immediate notice of resignation.

That's it.
Then get yourself to the unemployment office and apply immediately while looking for a new position.You may have to fight a bit to get your unemployment because you'll have to explain why you think you are qualified AND quit. But you should be able to qualify. (talk to an employment law person to know for sure.) then start looking IMMEDIATELY for a new job.


Get out now.