My nanny suddenly quit without giving me notice after I called her back for a no-show. We have a contract that says either party should give a 3 weeks notice. Now the she just said over the phone that she is quitting , how do I make sure that she make sure that she is one one breaking the agreement on the contract and I wont have any legal issues in the future. for example, I don't want her showing up at my door asking for a job claiming that she never said she quit?
I have her email address, should I just send her an FYI email summaizing the conversation and making clear that she is the breaking the contract.
Can you please provide some feedback on my letter that I am going to send? Thanks. You had returned my call and per our phone conversation on 2/23/2010, you had mentioned that you will no longer be continuing your employment with us and you were breaking the contract. Since we signed a written Nanny agreement, we would like a resignation letter from you indicating that you were discontinuing the employment at your own accord and thereby breaking the terms set forth on the 3 weeks notice set in the Nanny agreement. We tried reaching out to you twice, one voice mail on 2/23/2010 and another missed call on 2/24/2010.
While she may have breached the contract by announcing her decision to quit w/o notice after failing to come as required, you have no documentation of that. While an e-mail generates a message, it does not have the proof of receipt that would best help you.
If you send your ex-nanny a letter detailing her failure to appear when required; your call to her to ascertain the reason for that failure; her announcement in that call that she had quit and that said announcement did not meet the 3-week notice in the contract, you will have set forth the elements of the breach of contract.
That should be sent by Certified Mail / Return Receipt Requested and First Class Mail, using the proof of mailing service the USPS offers. While this will strike you as redundant, note that people will try to duck Certified Mail if they are expecting to be told something they don't want to hear.
The second letter provides proof that a letter was sent to a specific address on a specific date. As a letter sent is presumed received absent evidence to the contrary, such as it being returned, you would have a back-up proof of service to the green card from the Cert. Mail.
The object is, of course, to establish the facts before she can fabricate an excuse for accusing you of breaching the contract.
You may wish to review your situation with an employment law attorney. Your state and local bar associations can assist you.
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