dtopp said:
Due to unforeseen circumstances (both financial, and the fact that we no longer needed her services) , we released our live-in caregiver who has been with us for 18 months. Our employment contract, that both parties agreed upon and signed during the LMO application process, explicitly indicates the typical 2 weeks termination notice. We gave her the 2 weeks termination notice and paid her out two weeks wages so she can have time to search for a new job, etc. without the need to watch our children. She now claims that "normally, termination notice is 4 weeks for live-in nannies", and that we verbally agreed to change it to 4 weeks when she first started with us. At the time we released her she did not bring this up, and it is only now, a couple of weeks later, that we hear about it.
I honestly cannot recall ever having that discussion or modifying our contract. We don't have any record of a modified contract, nor does she. However, she claims that she is now entitled to two more weeks of pay. I understand her situation and the need for money, but we are also tight financially and cannot afford to just hand over two weeks pay based on hearsay. Does anyone have any suggestions on how to deal with this issue?
Thanks!
What does your contract state? Ask her to supply proof of the 4 week notice as proof.
If HRSDC allowed you to obtain a LMO and her to obtain a work permit with a 2 week notice clause, then it's perfectly legal and acceptable. Most likely your former nanny has friends who have a 4 week clause in their contract and she is feeling bad because she didn't ask for the same.
Without proof, she has no backing. Do not pay her a penny or give in to any demands, even if they seem harmless. They could become a liability if she tries to take you to court. I suggest writing a letter asking for proof and having it delivered signature required to her current address and/or emailing to her known email with a BCC to yourself and your wife (and lawyer if you decide to engage one). Give her a notice (30 days) to produce the written changes to the contract. If she does not produce them after 30 days, but she still persists in contacting you, issue her a cease and desist letter in the same manner as above.
Keep in mind a verbal contract only exists (in some places) if the parties
act like it. That is why I'm saying do not give in to any demands.
However, you cannot withhold tax and/or pay related paperwork she needs for her taxes - but she must keep you informed of her current address. So you might want to include a little blurb in the letter reminding her you will need her current address next year to issue her tax information and she can update you by email or writing, but no phone calls please. You do have the right, I believe, to deny her an employer letter, however, if she were to ask one. I don't believe (but I'm not 100%) you are obligated to write her one, as her paystubs and tax documents are a suitable substitute.
On her side, she's probably very upset to be let go only 6 months short of qualifying to apply for her PR. I can understand why she's upset and frankly, I'm not exactly happy when I see an employer make a commitment and fall short of it - especially when something as important as the PR is at stake. But you have your reasons and that's that.
Lastly, do not participate in any more verbal discussions. (Unless she's still living in your home, that would be weird...) Make everything written only and let her know you will only acceptable written communication from now on.
