Legal Question in Employment Law in Missouri
We hired a nanny and decided to let her go. We decided to do this without the 2 weeks notice specified in the contract. We told her she would be paid for the one day she did work this week on her normal pay check in 2 weeks. She is now threatening legal action if we do not pay her the full check of 600.00. No where in the contract does it say we will pay it in lieu of the notice. We are letting her go because she was not taking care of the boys messes, letting them tear up our stuff and not watching them well enough. Do we owe her this money? Can she actually do anything to us?
1 Answer from Attorneys
It sounds as if you terminated her for cause. Does your contract have a clause that waives the two weeks notice if terminaiton is for cause? Generally, if you are required to give two weeks notice, and do not, a party will argue entitlement to two weeks pay. If the subject is not addressed in the contract the court will look at the intent of the parties. Why deal with her threatening to sue you for $600. Why not offer her $300 and have her sign a release and be done with her?
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How do i represent myself for a mediation if terminated unfairly? Asked 3/14/11, 4:30 pm in United States Missouri Labor and Employment Law