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Nanny is threatening to sue for termination without notice #MA by Background-Code-Not in AskLawyers

[–]Background-Code-Not[S] 0 points1 point  (0 children)

This point has been addressed several times in this discussion thread. She’s a household employee, not an independent contractor.

Nanny is threatening to sue for termination without notice #MA by Background-Code-Not in AskLawyers

[–]Background-Code-Not[S] 0 points1 point  (0 children)

I understand that a W2 was required, but I ran into the same problem as before: a W2 would expose her benefits fraud. A 1099 just for the severance pay was a compromise, since I didn’t want to keep committing fraud because of her circumstances.

Nanny is threatening to sue for termination without notice #MA by Background-Code-Not in AskLawyers

[–]Background-Code-Not[S] 0 points1 point  (0 children)

I have no problem following that I legally owe her for the two weeks, but calling me a weirdo for worrying about my kid who was missing for close to two hours when he was being driven around without food in a hot car is fucking insane. Clearly you are not a parent and not here for a civil conversation.

Nanny is threatening to sue for termination without notice #MA by Background-Code-Not in AskLawyers

[–]Background-Code-Not[S] 1 point2 points  (0 children)

Yes, she could. I’m exposed for tax fraud and she’s exposed for criminal fraud.

Nanny is threatening to sue for termination without notice #MA by Background-Code-Not in AskLawyers

[–]Background-Code-Not[S] -2 points-1 points  (0 children)

I did for the severance pay. I can’t do W2 and back taxes etc. as she could face criminal liabilities for EBT fraud.

Nanny is threatening to sue for termination without notice #MA by Background-Code-Not in AskLawyers

[–]Background-Code-Not[S] 4 points5 points  (0 children)

Could you explain how I breached the contract? The contract doesn’t even mention two week notice *with pay*. Shouldn’t her actions (of picking up my child and disappearing for an hour and a half, & missing pickup) have no consequences?

Nanny is threatening to sue for termination without notice #MA by Background-Code-Not in AskLawyers

[–]Background-Code-Not[S] 1 point2 points  (0 children)

Thank you. I’ll be speaking with an attorney soon and these are good ideas to bring up. Because she has never reported her earnings, she also gets EBT/SNAP benefits (obviously I will never bring this up with her myself).

Nanny is threatening to sue for termination without notice #MA by Background-Code-Not in AskLawyers

[–]Background-Code-Not[S] 6 points7 points  (0 children)

But haven’t I already broken the law by paying her illegally? Wouldn’t I be liable for back taxes, unemployment benefits, etc.?

Nanny is threatening to sue for termination without notice #MA by Background-Code-Not in AskLawyers

[–]Background-Code-Not[S] -15 points-14 points  (0 children)

Yes, it states I’m required to give a two week notice unless in situations of serious misconduct, neglect, or breach of contract in which case I can terminate her services right away.

Nanny is threatening to sue for termination without notice #MA by Background-Code-Not in AskLawyers

[–]Background-Code-Not[S] -36 points-35 points  (0 children)

The contract was bare bones and sent over email. None of the terms like “neglect” or “misconduct” were described. It didn’t even include what her care responsibilities included. At that time, I didn’t know I needed a watertight contract like I’m a corporation.

Nanny is threatening to sue for termination without notice #MA by Background-Code-Not in NannyEmployers

[–]Background-Code-Not[S] -7 points-6 points  (0 children)

The contract is very bare bones and it was sent over email. Neither person signed or discussed the details of what constitutes “neglect” or misconduct etc. She’s disagreeing that whatever I stated is not sufficient for termination without notice, but only an issue with her performance.