Rabu, 22 Juni 2011

Notice of Termination and the California Domestic Workers Bill of Rights

Have You Always Been Given at Least 21-Days Notice or Severance Pay When Leaving a Nanny Job?

We have been discussing the two views of the California Domestic Workers Bill of Rights (CDWBR) -- trying to explain why some oppose it and why some support it.

This legislation requires at least 21-days advance notice before termination, or severance pay in lieu of 21-days notice.

PRO: Many domestic workers live-in the home where they work. There is no other worker in any other profession that lives permanently at their job. When live-ins are fired, they are also being evicted. Whether nannies are fired by their employer or whether they decide to leave on their own, nannies are often mistreated when leaving their jobs. Reports are that nannies are often terminated arbitrarily, capriciously, and with no notice and without concern for the welfare of the nanny or the resulting trauma on the charges. Severance pay is expected throughout all industries. It is a sad state of affairs that this common benefit must be legislated for nannies and other domestic workers. This law does not apply to instances of cause (if a worker ever breaks a law they should be fired immediately). But, when domestics are fired at the whim of the parent, the live-in employee is often not only losing their job, but also their housing.

CON: Those who hire domestics and in-home caregivers have the fiduciary and moral responsibility to terminate anyone they choose at will. These decisions must be left to the discretion and judgment of the employer (parent) and not subject to due process protections.

Have you always been given at least 21-days notice or severance pay when leaving a job?
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