Termination of Employment of a Nanny
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Question
I sent my daughter to a private nanny and was not satisfied with her. There were several instances of irresponsibility where she allowed a small child to watch the baby near a busy road, and similar issues. The interaction with her was also problematic. Now we want to leave her. Is there a certain amount of notice we need to give, and do we need to pay her beyond the time the baby was with her? It should be noted that we did not agree on anything in advance on this matter, neither verbally nor in writing. I should mention that since Sukkot, my baby has been alone with the nanny, and she has not been able to find other children, so she cannot tell me that she needs time to find a replacement child, as she has not been able to do so for several months.
Answer
Hello
According to the instructions of the Gaon, Rabbi Avraham Fried, shlita
there is an obligation to pay for an additional month after the termination of employment.
Source
The reason for the obligation to pay is not due to the damage caused to the nanny, as explained in Tosafot Bava Metzia 76 and in the Rosh there.
Rather, it is due to the law of commencing work, as explained in Shulchan Aruch Choshen Mishpat, siman 333, even if no damage was done.
However, it is customary to pay only for one month due to the customs of the country.