I'm not offended at the idea that employers need to protect themselves as best they can. That's half the reason why there's a contract, after all.
All I'm saying is if you expect your nanny to pay you your salary for the day if you don't like her reason for her absence, that's going a little over the top. You mentioned you'd basically charge her for your roughly $30+/hr pay. Well, that's not exactly fair, or enforceable. You SHOULD be able to deduct her pay from her next check, and/or charge her a fee (or perhaps what it would cost to bring in temporary help). But the assistant (or even the VP) doesn't pay back the CEO the CEO's cut of the the day if they miss a day. Does that make sense?
VPs don't usually have the power to stop a corporation in its tracks, though. Business will go on. Flaky and no-notice-quitting nannies, on the other hand, can certainly stop a mother from getting to work.
A better comparison is contracts with builders, website design firms, etc. Anyone whose service is essential to your being able to do business, to the point where you literally cannot do business if they don't perform as promised. And in that case, sure, people routinely sue others for loss of income because services were not provided as stated under contract.
|My other issue would be with pragmatic enforcement. While I understand and agree with "trial period" clauses in a contract, after that point...there has to be some degree of trust if I'm going to work for someone. If I call in sick, and especially if the employer is not providing health care benefits, if it's something like the flu that's going to be over with in 24-48 hours I'd rather not have to take additional time off and/or incur doctor's visit expense for a note. Either they trust me professionally, or they don't. I'm not paying someone $300+ a day for two days because I caught a virus that their kid probably gave me when I took care of them while they're ill. If they're going to demand that I take even more time off to provide a doctor's note, then decide whether or not to charge me for that too, speaks of a lot more control issues than I want to deal with.|
Again, I'm not sure what you're so upset about here. This is pretty routine in other parts of the work world, and it's often much harsher. I appreciate companies that go the personal-days route, because you don't have to run to the doctor to prove your illness every time, but plenty of businesses still do it the old way. And after you use up the sick time, sure, a boss who keeps you on will ask for doc notes, steer you towards FMLA, etc. I can promise you that the boss does not want a note saying, "My nanny left, I'm really sorry, I can't come in today because I don't have childcare."
People like me who run our own businesses don't have to bother with notes, but we also don't get sick days. The deadlines are the deadlines, and the clients don't care if we've had our heads temporarily severed; they want the job done. A month ago I was outside, four days into the flu, shoveling 11 inches of fresh snowfall out of the driveway so I could bring my daughter to daycare and get to work. If I could've stayed home and just gone to the doctor? Gee, that would've been pretty sweet.
I have limited sympathy on the health insurance issue, btw. I've paid for my own health insurance for the last 13 years despite a chronic illness and many years of income under $20K. Currently I pay $500/mo out of pocket for insurance for me and my daughter, but if it were just me on my own, I'd be able to find reasonable coverage for $90/mo.
|I think if you want to avoid flakes, that you should fire them. Three strikes and your out policy or harsher. Hard lesson to learn for a newbie, but better they learn good habits early on. But demanding they pay you your salary plus lose out on theirs? Seems a little on the crazy side to me. Personal preference and all.|
Paying for monetary damages that you cause your employer by breaking the contract...all I can tell you is that it's standard in professional contracts. You just incorporate and carry insurance. If you screw up somehow and get sued, your insurance will pay, not you.
|If someone is the type to call in sick and go to baja for the week, I can assure you, no amount of threatening her that she owes you $3000 will prevent someone from acting like a tool nor will it mean they'll just fork over the $$.|