Erika S asked:
So, we’ve had our nanny for about 6 months now. She started out great and was coming to my home to watch my daughter. Then she asked me to drop her off at her place and she’d then drive to my place later. Then eventually she asked to watch my daughter in HER home. She said she’d pick her up and drop her off and all that. I was fine with this. Then she began taking my daughter to a friends house who does a home daycare as well. My husband has always had a weird feeling about her but, I just shrugged it off. I tried to send her a text letting her know my sister in law is in need of money and would watch my daughter for me and I got this reply you better give me what’s owed to me or a two weeks notice. if you don’t i’ll be in small claims court in the morning. i’ve done it before and i’ll do it again if i have to My husband now REFUSES to send my daughter there…should I just tell her no pay or notice?? We signed no contract and didn’t claim her on our taxes either. Thanks
I do have all the text messages. My sister says if she DOES try to take us to court she’ll herself end up in jail or with several fines for not having a daycare license and not paying proper taxes…so I’m really thinking about telling her she can try it. I’m having someone with law experience look into this for me.
So, we’ve had our nanny for about 6 months now. She started out great and was coming to my home to watch my daughter. Then she asked me to drop her off at her place and she’d then drive to my place later. Then eventually she asked to watch my daughter in HER home. She said she’d pick her up and drop her off and all that. I was fine with this. Then she began taking my daughter to a friends house who does a home daycare as well. My husband has always had a weird feeling about her but, I just shrugged it off. I tried to send her a text letting her know my sister in law is in need of money and would watch my daughter for me and I got this reply you better give me what’s owed to me or a two weeks notice. if you don’t i’ll be in small claims court in the morning. i’ve done it before and i’ll do it again if i have to My husband now REFUSES to send my daughter there…should I just tell her no pay or notice?? We signed no contract and didn’t claim her on our taxes either. Thanks
I do have all the text messages. My sister says if she DOES try to take us to court she’ll herself end up in jail or with several fines for not having a daycare license and not paying proper taxes…so I’m really thinking about telling her she can try it. I’m having someone with law experience look into this for me.
2 comments
Comment by Eve on August 8, 2009 at 5:58 am
Honestly, I think you can, and IF she does sue, then you can claim you felt that she was not providing the service you were paying her for. Just make sure you pay her for the hours she DID work, the 2 weeks notice is usually a part of a contract(I believe). Legally since there was no contract I don’t believe she has a legal leg to stand on. While I wouldn’t give her a 2 weeks notice I’d say ‘We’ve found better services elsewhere’. Make sure to save her messages! Her threatening you will look REALLY bad in court! LOL
Comment by kelannde on August 8, 2009 at 1:13 pm
No one is going to require you to give 2 weeks notice to a negligent care provider. Without a contract, she has no proof she wasn’t simply paid by the job – which would giver her no expectation of two weeks notice, or of severance pay. Pay her any monies you still owe her for watching your child – but do it thru certified mail, with a letter saying her services are no longer wanted, and warning her that any further correspondence with you will be construed as harassment.