Legal Question in Employment Law in California

I am a live-in nanny and was recently employed by a family. I moved in 5 weeks ago and started working 3 weeks ago. Payment for my services was in room and board and taxable wages. Today grandmother was flown in from Costa Rica and I was informed that have decided they did not like the live-in situation and were going to have her babysit till they could find childcare on a live-out basis. They offered me two weeks wages (no consideration for room and board), asked me for my house key and want me to move out in 4 days. They have insisted it was nothing I did it and was simply their preference. We had a contract that was signed 3 weeks ago. In the contract was the following: This contract between the hiring Family and Nanny shall be in force for one year from the date of signature of both parties. Each year thereafter, this contract will remain in force until either party gives notice in writing of the intent to terminate the contract. Family and Nanny hereby agree to a minimum one-year employment commitment. Both parties agree to a give at least four (4) weeks notice of their intent to terminate this contract. Family and Nanny agree to a 30 day probationary period during which either party may terminate this employment contract without penalty. My question is do I have to leave, with no place to go, or do I have 4 week to find another live in position?


Asked on 9/13/11, 9:53 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Right or wrong, they can demand anything they like, including that you leave immediately. With you as an employee, not a tenant, they would not need to file eviction to get you out if you refuse to leave. They could call the police and claim you are now trespassing. I suggest you don't create a 'breach of peace' over this, regardless of who you think is right, or what your 'rights' may be. The written contract has conflicting provisions that will create claims and arguments. Yes, you may have a legal claim for some 'notice period' wages, and should try to negotiate a resolution of your claims without resorting to litigation.

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Answered on 9/14/11, 2:30 am


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