Implied Contract?

SORA1

Our office manager hired her weekend babysitter on as their full-time nanny. This caused her to quit her current job and arrange her school schedule around the odd hours required for the children. At the time of hire it was stated that she would keep her on for about three years. Nothing was signed, but it was verbally stated to help assuage her fears of quitting the other job. Now, less than a year later, our office manager has decided that she would like someone that is fluent in French that can tutor the children and wants to terminate the current nanny. The current nanny has done nothing wrong - is always punctual and responsible. She just isn't able to tutor the children in French. Should our office manager take any special precautions? Would the current nanny be able to sue for breach of an implied contract or misrepresentation?

Any advice you can give would be greatly appreciated. Thanks!

Regards,

M. Wire

Theresa Gegen TX

Whether or not an inforceable implied contract exists depends on your state's law. Many states (like Texas) have what is called a "statute of frauds" that requires that certain contracts must be in writing to be enforceable. These usually include contracts that cannot be completed within a year (so in a state like Texas, a "three year" oral employment contract would not be enforceable).

Also, most states follow the "employed at will" doctrine. Which means that an employer can fire an employee for any lawful reason, or no reason at all. However, a few states don't follow this doctrine.

Finally, the employee might be able to sue for "promissory estoppel" -- that is a theory that allows an employee to say I relied on your promise to my detriment, and you didn't follow through. Therefore, I should be able to recover damages.

All of these laws are very state specific. It might be wise for the officer manager to pay a local attorney for a few hours conference to determine the law in your state. A lawsuit can be very expensive to defend, especially for an individual. So a little avoidance up front may be well worth the cost.

Good Luck!

skipper

If the nanny is a good employee, why not continue to employ her, and look for another was to tutor the children in French? I would think that language schools, tapes, computer games, etc are much easier to find than a French-speaking, qualified nanny, and probably no more expensive than the cost to consult with an attorney on the advisability of firing the nanny. And don't overlook the importance of continuity in a caregiver for the well-being of the children.