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-   -   General discussion - Mom and Dad Esq. (http://www.lawtalkers.com/forums/showthread.php?t=107)

Atticus Grinch 01-31-2004 01:17 AM

Babysitter Blues
 
Quote:

Originally posted by viet_mom
[Yikes!]
Yeeeeeeesh. I don't even know if I had an opinion on Nanny Cams until now, but do what you have to do to make sure this woman isn't alone with children anymore. I'm sorry you had to be the one who caught her.

TexLex 01-31-2004 07:09 PM

Babysitter Blues
 
Quote:

Originally posted by viet_mom
Thanks for giving me the guts to do this. Obviously, I am going to recommend that EVERYONE with childcare get a Nanny Cam, if only to watch how your child spends ONE DAY. Fuck privacy.
I am so sorry. Poor little thing! Best you found out sooner than later.

-TL

viet_mom 01-31-2004 09:20 PM

Babysitter Blues
 
Quote:

Originally posted by Atticus Grinch
...but do what you have to do to make sure this woman isn't alone with children anymore.
Interesting remark. Because at some point, I'm going to have to address this issue and balance the interest of "doing the right thing" with "doing the right thing for the safety of me and my child." You say "do what you have to do to make sure" the Nanny isn't with children anymore. I *could* do a lot of things, including:

(1) hand over the footage to the police department in my small town WHERE HER HUSBAND IS A COP!!!! (how weird is that?)

(2) telephone the reference the Nanny provides (I spoke to this reference before hiring her) and tell her what happened to me in the hopes she will either tell parents who call that she can't give a reference anymore or she can't give a *good* reference anymore. Or perhaps the lady calls the Nanny and says, "Please don't use me as a reference anymore." This all presumes the lady doesn't tell me "I don't know you from Adam; she took care of my kid great, so I'm going to keep giving her a good reference."

(3) look at the local classified ads of parents seeking Nannies and when I see one she may respond to, call them myself and warn them about "you-know-who" if she should answer the ad.

(4) call the local Division of whatever services that handles childcare stuff, but I don't know if they'd have jurisdiction over a private nanny; don't know if you can report your Nanny to them. You can report a parent, but don't know if you can report a Nanny. Anyhow, that place has their hands full already.

(5) tell the Nanny that if she ever applies for a Nanny position again, I will go to the police with the footage. In this way, she is dissuaded not to answer any ads.

Or, I could simply turn over the footage to my town's Police Department (where her husband is a cop and I hear he is a hot head on temporary suspension right now). Any of the above would put Vietbabe and I at risk of retaliation from one or more crazy people. Oh.....and I didn't mention that in the tape of the hellish day, before Vietbabe woke up from her nap, and right after the video shows me leaving the house for the day, the camera shows the Nanny kneeling down and stuffing her face deep into the cushion-seat of an upholstered armchair which she knows the cat always pees on (right on the seat where she stuffed her face) and starts chanting loudly into the cushion all kinds of deranged stuff which I guess are meant to be a prayer but it sounds like she is talking in tongues and only occasionally removing her head from the seat-cushion to shout up in the air "JESUS MY BROTHER!!!!!".

Yep. I kid you not. In a way, it's almost comical to watch it. UNTIL YOU SEE ON THE SCREEN THAT THE BABY MONITOR IS STARTING TO MAKE NOISES AND REALIZE YOUR CHILD IS WAKING UP FROM HER NAP AND WILL BE IN THE HANDS OF CRAZY PENTACOSTAL CAT-PEE SNIFFING LADY AND THERE IS NOTHING YOU CAN DO TO STOP IT BECAUSE IT HAPPENED ALREADY!!!!!!!!!!!!!!!!!!!!.

I'm rethinking the whole daycare center thing. There are structured activities there, and lots of workers and other kids. I'm coming to think that the Nanny environment is too conducive to abuse and neglect. There's:

(1) a TV to watch what some consider very exciting shows, a telephone to use, books and mags to read, a full refrigerator and the ability to eat any time of the workday, etc..

and on the other side of the equation there is....

(2) a very uninteresting and repetitive 16 month old who doesn't talk, who you don't love, and who wants to pour fake tea over and over and over and over again.


Which of the two do you think they will pick? Especially when they know that nobody will likely know which one they picked. For those who think most Nanny's combine the two above, are you satisfied with the relative amount of attend paid to (2)?

yertle 01-31-2004 09:35 PM

Babysitter Blues
 
Quote:

[i]
I'm rethinking the whole daycare center thing. There are structured activities there, and lots of workers and other kids. I'm coming to think that the Nanny environment is too conducive to abuse and neglect.
I am so sorry you and the babe had to go thru this. For what its worth, I have always preferred center-based care for children too young to accurately report what happens during the day. I had a nanny once, for about 4 weeks, until she did something stupid (not mean or abusive, but careless and unacceptable), and I put the baby in a center. It is not the impersonal, institutional environment some envision. The day care workers might not "love" your child the way you or your family does, but in a good center they love children, and there is just no substitute (IMHO) for the accountability and professionalism of a place where teachers and parents are in and out all day long. Having said that, I've pulled a child from a center, when it became clear that the particular teachers in the particular room were simply inattentive to her personality and development (when they told me at 3 she wasn't yet talking in sentences, which hadn't been true for over a year, I realized pretty quickly that she had no meaningful interaction with them).

As to next steps: the nanny I had that did the stupid thing actually did it in such a way that attracted the attention of the DSS. Through that process, I found out the DSS keeps the report and the investigation results on file for her as a provider, which will at least keep her from ever being licensed to provide child care. It doesn't solve the classified ad problem, but if you instigate a report, it might scare her out of pursuing this as a career.

Good luck, and please don't feel like you are settling for second best if you find a good, caring center for Viet babe.

pretermitted_child 02-01-2004 12:16 AM

Babysitter Blues
 
Quote:

Originally posted by viet_mom

(5) tell the Nanny that if she ever applies for a Nanny position again, I will go to the police with the footage. In this way, she is dissuaded not to answer any ads.

Have you checked the laws in your jurisdiction regarding recordings and videotaping? (Some jurisdictions require that recordings must be consented to by both parties.)

Was the Nanny given notice that she would be videotaped or that her actions would be monitored?

As for telling the Nanny that if she ever applies for a position again that you'll make her life a living hell . . . could the Nanny have a cause of action for blackmail? Interference with prospective business relationships? Defamation? And, is the Nanny the type of person who would haul you into court?

NW Native 02-01-2004 12:41 AM

Babysitter Blues
 
Quote:

Originally posted by viet_mom
... especially the one whose child had his bunny toy beaten up at the behest of the sitter and said "listen to your child
That was me.
1) I'm truly sorry to hear that there was something to Vietbabe's dislike of babysitter. I was hoping that I was wrong.
2) Vietbabe should be fine. My son turned out fine; I'm the one who's traumatized.
3) You are to be commended for quickly acting on your suspicions

bilmore 02-01-2004 01:25 AM

Babysitter Blues
 
Quote:

Originally posted by viet_mom
Interesting remark. Because at some point, I'm going to have to address this issue and balance the interest of "doing the right thing" with "doing the right thing for the safety of me and my child." You say "do what you have to do to make sure" the Nanny isn't with children anymore.
Depends on whether you're speaking of actual physical abuse, or just really, REALLY bad nannying. If it's the former, skip the cops, call social services, and tell them why you skipped the cops. Let them handle it. If there really is anything that can be done about this, they'll know what it is. Insist on confidentiality if you feel more comfortable.

As for centers - we used a center for three kids, and then went to a nanny at some point. It took a few tries to find the right nanny, but when we did, it was a thing of beauty.

But, the center was also great. No dependance on one possible wacko, state-mandated staffing, and generally really nice caregivers, who turned into good friends over the years. We switched to a nanny mostly for cost issues - three kids FT in a center costs. Boy, does it cost.

So, I wouldn't rule out the centers.

Greedy,Greedy,Greedy 02-01-2004 12:27 PM

parental leave policies
 
Quote:

Originally posted by yertle
biglaw boston: 12 weeks paid (and annualized for purposes of computing billable hours for comp year) maternity; this is under short term disability, therefore independent of vacation time; there is a paid and annualized paternity leave as well, but I don't know how long.

You didn't break the board- we just seem to have these long lapses in conversation.

how is everyone?
OK, I gave a faulty summary of ours -- this is what comes from being a male partner, and just doing whatever I feel like. I don't even realize what the policies are.

We have 2 weeks available for anyone with a new kid, and an additional four for the primary caregiver, so with vacation it adds up to 10 weeks of leave. Not the 12 weeks paid advertized by yertle for Boston Biglaw, so there's some variation among Boston Biglaws. We're a Boston/National firm, with Boston as the biggest office but most of our people outside Mass.

Ours does not seem to be under short term disability -- curious if there's something being missed here!

Greedy,Greedy,Greedy 02-01-2004 12:35 PM

Babysitter Blues
 
Quote:

Originally posted by viet_mom
Interesting remark. Because at some point, I'm going to have to address this issue and balance the interest of "doing the right thing" with "doing the right thing for the safety of me and my child."
This is a horrible position to be in, and I really feel for you.

But you do have to be careful on the nanny-cam front -- if her husband is a cop, and there is anything questionable about taping without knowledge in your state, I'm ready to bet you'll be pretty roundly harrassed and perhaps even prosecuted while she has no repurcussions.

On the other hand, I'm sure you've already got the "if she ever hurts a kid how will I feel" voice in your head.

I really thing the others who suggested DSS are right -- these people are pretty good at dealing with very difficult situations. The biggest downside is that sometimes you get someone who is just too busy and puts your complaint in the low priority file.

I also think just letting the woman know why she's been fired may help - it lets her know she doesn't get away with this stuff. You don't even have to tell her about the tape, you can just tell her you "understand" she did X and Y, and she can think it's a neighbor or something.

ltl/fb 02-01-2004 01:01 PM

parental leave policies
 
Quote:

Originally posted by Greedy,Greedy,Greedy
OK, I gave a faulty summary of ours -- this is what comes from being a male partner, and just doing whatever I feel like. I don't even realize what the policies are.

We have 2 weeks available for anyone with a new kid, and an additional four for the primary caregiver, so with vacation it adds up to 10 weeks of leave. Not the 12 weeks paid advertized by yertle for Boston Biglaw, so there's some variation among Boston Biglaws. We're a Boston/National firm, with Boston as the biggest office but most of our people outside Mass.

Ours does not seem to be under short term disability -- curious if there's something being missed here!
So, if I were to be at your firm and were pregnant and nothing went wrong with the pregnancy, I would have a total of 2.5 months off and that would use up all my vacation for the year (i.e., no taking the new kid to see grandma at Xmas)?

Also, WTF is with the "primary caregiver"? How can anyone working full time at a big law firm characterize themselves as a primary caregiver? Or is that the point?

STD probably kicks in to cover situations like when the doctor puts a mom-to-be on bedrest for a month or two and other stuff where someone actually has health problems that prevent them from working, rather than being used to cover the first month or two after a normal pregnancy and birth.

Note I'm not intending to criticize; it just seems like firms do an awful lot of doubletalk around this stuff.

Greedy,Greedy,Greedy 02-01-2004 01:17 PM

parental leave policies
 
Quote:

Originally posted by ltl/fb
So, if I were to be at your firm and were pregnant and nothing went wrong with the pregnancy, I would have a total of 2.5 months off and that would use up all my vacation for the year (i.e., no taking the new kid to see grandma at Xmas)?

Also, WTF is with the "primary caregiver"? How can anyone working full time at a big law firm characterize themselves as a primary caregiver? Or is that the point?

STD probably kicks in to cover situations like when the doctor puts a mom-to-be on bedrest for a month or two and other stuff where someone actually has health problems that prevent them from working, rather than being used to cover the first month or two after a normal pregnancy and birth.

Note I'm not intending to criticize; it just seems like firms do an awful lot of doubletalk around this stuff.
Your math is right. The primary caregiver is a way of saying, look, we aren't discriminating between man or woman, and if the man is going to be a primary caregiver, he gets the additional time off. Of course, any woman going through labor gets the time. My wife had STD at her firm for bedrest, but not for pregnancy.

Lot's of double talk, and my impression is the rules apply mainly to staff and less well thought of associates -- a well thought of associate, and someone figures out how to bend the rules and give them as much as possible. And when it's time to take vacation at Christmas, is there a law firm anywhere that doesn't consider you working if you book a little time whereever you are? And don't all of us book a little time most days on any vacation?

The original question was paternity leave, and there I think the answer is, 2 weeks unless you can make a primary caregiver argument, then 6.

viet_mom 02-01-2004 02:15 PM

Nannies
 
The law in my state is clear that nanny cams are totally legal. The audio portion however has not been tested and is a bit of a grey area I suppose considering the federal wiretap laws regarding telephones. Should I be sued in a civil action about it, I don't really care. I know that sounds strange.

I called the Nanny on Saturday morning with my Dad on the phone (also an attorney). At first, only I spoke. I very nicely told her that I was sorry but I would be making other child care arrangements and that I'm sorry, but I'd be terminating her employment. She was pissed. She told me "You have to give me notice." I told her I was, right then and there. She railed how she had left her old job, etc., and at that point my Dad piped in and said, "Hi. I am Vietmom's father and also an attorney. You are being terminated because of the results of the security camera in the home. Please do not pursue anything further or we will pursue things as well." Then we both hung up and that was it.

As for her working as a Nanny again, I just got off the phone with an emergency nanny service to get me someone this Monday and Tuesday while I work from home until new Nanny starts. They told me they have someone that JUST called them this past Saturday night and they are interviewing her Monday so maybe she could care for my child on Tuesday or after the interview Monday. I asked for her name. They gave it to me. Yep. It was her. I said I would call back another time and of course I won't be calling back.

For Billmore: mild physical stuff, like rapping Vietbabe's hands when Vietbabe was caught playing with the electrical cord (which I watched her play with for one hour while the Nanny slept on the couch; the Nanny awoke, saw Babe with the cord and then rapped Vietbabe's hand and yelled at her, then went back to sleep whereupon Vietbabe continued to play with the cord.)

Another time, she woke up from sleeping in a chair and saw Vietbabe on the couch and yanked Vietbabe off the couch by her shirt for no reason (she just didn't want her on the couch). The rest of the tape was Vietbabe trying to get the Nanny to hold her or Vietbabe giving her a book for the Nanny to read to her, and the Nanny yelling at her to not go near the Nanny, to leave her alone and that she is a spoiled child. She'd pick Vietbabe up and put her in a corner and tell her to stay in the corner, then would go back to sleep on the chair or couch. Vietbabe spent the day slumped in the corner weeping. Half the day she wasn't even in the living room where the Nanny spent the ENTIRE day. She was obviously on the second floor b/c I couldn't hear her on the tape. The Nanny continued watching TV or sleeping. She had no idea where Vietbabe was.

She did not feed Vietbabe lunch or dinner. Instead, the Nanny ate Vietbabe's food (like Mac and Cheese) while sitting on the couch watching TV. She tossed V-babe some crackers (on the floor where Vietbabe was sitting as per Nanny's instructions all day) but when Vietbabe finished them and was still hungry, she went towards the mac and cheese the nanny was eating and the Nanny pushed her hands away and said "No!!": When I got home, she told me about all the Mac and Cheese Vietbabe had eaten and (to explain the absence of the one pack of crackers I had left on the counter) she said, "Vietbabe is sure a snacker; she ate all the crackers for desert".

The whole day she did not look at Vietbabe. When Vietbabe stood in front of her with upstretched arms, she would cross her own arms and shake her head in annoyance like "Ugh. What a pain in the ass." When Vietbabe put her hand on the Nanny's thigh with a stuffed animal to have her play with it with her, the Nanny yelled at her to stay away and then got up and went to sit on the armchair which is small enough so that Vietbabe would not be able to climb on it to bother her. When Vietbabe went near the Nanny's legs, the Nanny would curl up her legs and sit on them so they couldn't be touched, all the while never taking her eyes from the TV.

So there it is. Actionable or not? I don't know.

VietMom

pretermitted_child 02-01-2004 03:51 PM

Nannies
 
Quote:

Originally posted by viet_mom
I called the Nanny on Saturday morning with my Dad on the phone (also an attorney). At first, only I spoke. I very nicely told her that I was sorry but I would be making other child care arrangements and that I'm sorry, but I'd be terminating her employment. She was pissed. She told me "You have to give me notice." I told her I was, right then and there. She railed how she had left her old job, etc., and at that point my Dad piped in and said, "Hi. I am Vietmom's father and also an attorney. You are being terminated because of the results of the security camera in the home. Please do not pursue anything further or we will pursue things as well." Then we both hung up and that was it.
From a legal ethics standpoint, could this be something that the Nanny could use to get you in trouble with the state bar? It looks like you didn't tell the Nanny at the beginning of the conversation that there was another person listening in. Moreover, could your father's prefacing his statement with the fact that he is an attorney be viewed as something that gives the "appearance of impropriety" since his statement "I am . . . also an attorney" could be considered threatening/ intimidating as used in the context of this specific conversation? To a lay person, it might have the feel of an off-duty police officer listening in on the telephone call and then piping in "I am Vietmom's father and also a [police officer]. You are being terminated because of the results of the security camera . . ."


Quote:

[description of woefully inadequate child care]
As for whether this stuff is actionable, have you consulted with a social worker or a lawyer who specializes in such matters?

yertle 02-01-2004 10:05 PM

Nannies
 
Quote:

Originally posted by pretermitted_child
From a legal ethics standpoint, could this be something that the Nanny could use to get you in trouble with the state bar?
I could be wrong (I often am), but it doesn't seem problematic to me unless they knew the nanny was represented by counsel.

Vietmom, I wish you well in your search for child care.

viet_mom 02-01-2004 11:47 PM

Eavesdropping Laws/Attorney Ethics Violations
 
Quote:

Originally posted by pretermitted_child
From a legal ethics standpoint, could this be something that the Nanny could use to get you in trouble with the state bar? It looks like you didn't tell the Nanny at the beginning of the conversation that there was another person listening in. Moreover, could your father's prefacing his statement with the fact that he is an attorney be viewed as something that gives the "appearance of impropriety" since his statement "I am . . . also an attorney" could be considered threatening/ intimidating as used in the context of this specific conversation?
I can't imagine I could get in trouble with the state bar over this, and to be honest, my Dad was actually pretty cool in the conversation. It was only when she got hot-headed and started implying I couldn't fire her and demanding angrily why she was being fired that my father very simply (and oddly, almost politely) told her "you are being fired because of the results of a security camera in the home. Ok, [my name] let's hang up now."

As for the legality of a person listening in to a call -- my understanding of my state's law is that during a phone conversation, one of the parties to the call is free to tape the call (or allow someone to eavesdrop in on it) without the other person's knowledge. The rule is that one person to the conversation must consent to the taping. In that case, the person doing the taping or allowing the evesdropping (me) would be giving the consent. So it's legal. This may sound like not much of a law protecting conversations, but it is when you consider a conversation between two people (like mob bosses discussing a crime) and the feds wiring into the call to listen to it without either of the mob bosses knowing about the eavesdrop. In my case, I consented to the eavesdropping by my father. I suspect Bilmore may have a better idea on the general law in this area though I do think it is to some extent a state by state issue.

As to my father's potential attorney-ethics issue, I would think it would be entirely proper to want my own father on the phone call wherein I fired the crazy woman and asked her not to come to my home anymore. It was important to me to have someone else on the call not just for moral support, but so that someone else heard me be clear about my wishes for her to stay away. (Think here about if I were married and called her and then my husband piped in. Maybe she would have originally thought it was just me on the phone but probably wouldn't be surprised if my husband chimed in. When a wife calls someone especially concerning care of their child, would it be illegal if she didn't announce in the begining that both parents were on the phone line?)

When she started saying I couldn't fire her without notice (presumably she meant "advanced notice" as I was surely giving her notice) and badgered me why I was doing this and such, I think it was ok for my Dad to simply say she was being fired due to the results of the security camera (which is slam dunk legal in my state). He probably didn't need to say he was an attorney but I think he was in his own way letting her know that it was legal to have taped her and fire her as a result of it. Not sure what you mean by the perception of intimidation. Dad's a civil attorney (transactional) and the Nanny knows it. The only attorney that could do her harm would be a prosecutor. Unless of course, we were planning on a civil action for monetary damages against her which we are not. Not even if she had a deep pocket.

I guess I have a hard time thinking my state bar would have a problem with what I did. I simply called and fired (without yelling or anything) the lady to whom I had paid $150 for her to fail to supervise and cruelly neglect my child, and had Dad on the phone b/c the whole thing was upsetting. She had the nerve to ask why she had been fired and I think it was ok for Dad to tell her it was b/c of the security cam and to stop pursing this line of suggesting I can't fire her without advance notice, blah blah blah, lest we pursue it further ourselves.

Now, maybe I'm just too close to all this to see the potential attorney-ethics violation here. To me, it doesn't seem like a problem. But I'm more than open to thoughts otherwise. I sure don't want my license yanked. Boy would that suck.

Quote:

As for whether this stuff is actionable, have you consulted with a social worker or a lawyer who specializes in such matters?
Well, the only lawyers I know who "specialize" in this type of stuff would be a prosecutor. I am having it looked at by a solo-practitioner in my town (a generalist) whose overall judgment I trust and depending on what he says we both might call the prosecutor and simply turn the tape over to him/her and say "here's a tape of a Nanny; if you think it warrants charges, fine. If not, fine."

If it were you, what would you do? And what about the knowledge I have that this lady picked up the phone hours after I fired her to try to get another child care position? At this point, on the topic of this whole terrible episode, I am inclined to (besides posting long annoying messages here) simply turn the tape over to "someone" and be done with it. Perhaps others would actively try to warn other parents about this woman. My goal is to at least try to stop this from happening to another child, but not so actively that I risk pissing this unstable person off and having her show up with her husband's gun (he's a cop) and blow our brains out or something.

Vietmom (Going to Florida with the Babe to visit the Rents)

viet_mom 02-02-2004 12:04 AM

Law in state/Consent on Behalf of Minors?
 
In my state, it looks Nanny cams with both video AND audio are allowed. I'd need to get the actual case though.

http://www.knowyournanny.com/LANDMARK%20PAGE.HTM

On the audio issue, regarding the verbal interaction between the Nanny and Vietbabe, the law clearly says that taping is ok if one of the parties to the verbal interaction consented to the taping. In this case, can it not be said that as a minor, I consented to the taping on behalf of Vietbabe?

pretermitted_child 02-02-2004 12:13 AM

Eavesdropping Laws/Attorney Ethics Violations
 
Quote:

Originally posted by viet_mom
If it were you, what would you do? And what about the knowledge I have that this lady picked up the phone hours after I fired her to try to get another child care position?
If I had been in your position, I would have gotten angry enough to inflict unspeakable horrors on the Nanny.

Given that this is not an option, I would have immediately made an appointment with an attorney who specializes in such matters -- primarily to ask him/her what is actionable, what my rights are, the legality of what I have done in gathering information (i.e., the Nanny-cam), etc. Then I would call the Nanny, on my attorney's speakerphone, wherein at the beginning of the conversation, I would tell the Nanny that I have my attorney listening in. At the end of the conversation, I would advise the Nanny to get an attorney of her own if she had any problems and wanted to challenge my actions.

Did the Nanny have a written employment contract with you? If so, did the contract say that she could be dismissed at anytime with or without reason?

As for this Nanny taking another job, I would not take any further action until I have consulted with a lawyer. Indeed, she might get the police dept. to harass you, or she might sue you for frivolous reasons just to make your life miserable. Just report her to the social services people and let them take care of it; there is no reason for you to take on the burden of saving the world.

yertle 02-02-2004 07:11 AM

Eavesdropping Laws/Attorney Ethics Violations
 
Quote:

Originally posted by viet_mom


Well, the only lawyers I know who "specialize" in this type of stuff would be a prosecutor. I am having it looked at by a solo-practitioner in my town (a generalist) whose overall judgment I trust and depending on what he says we both might call the prosecutor and simply turn the tape over to him/her and say "here's a tape of a Nanny; if you think it warrants charges, fine. If not, fine."

If it were you, what would you do?
You shouldn't need to go thru a prosecutor. Most states have reporting laws for suspected child abuse or neglect, under which the DSS (or your state's equivalent) will take confidential reports and are required to follow up, without revealing the reporter's identity. Unlike initiating criminal charges, it takes you out of the process once you have made the report and given the agency information. There are also lawyers who specialize in child protection matters- mostly the ones who "prosecute" absue nd neglect work for the state, then there's a bar of lawyers who take court appointed work representing the parents accused of same or their children. There's no reason you couldn't hire one of those to look over the tape and give you advice- they may have a "defense" slant to things, but its a very different practice than criminal law, and lots of these folks have represented moms, dads, and kids at different times, and been on different sides of the "was there abuse or neglect" question (i.e., if they are appointed to represent a child and conclude they agree with the DSS position).

Your state's reporting law might give you some indication as well whether you are free to share this information with nanny agencies, such as the one she called right after you fired her.

Again, good luck. Don't lose sleep over the bar ticket. Even if it were technically improper (which I still don't see), I can't imagine the bar overseers doing anything of consequence under the circumstances.

baltassoc 02-02-2004 09:06 AM

Eavesdropping Laws/Attorney Ethics Violations
 
Quote:

Originally posted by pretermitted_child
Did the Nanny have a written employment contract with you? If so, did the contract say that she could be dismissed at anytime with or without reason?
Stop thinking like a lawyer here. Or rather, step back and think like a lawyer - clearly there is cause here, so regardless, termination is appropriate, even if it were the case that there was a problem in recording without consent, which apparently there isn't.

She's fired. That's it. End of story.

Viet-mom, I do wonder about the part of your tale where you mention that the temp agency was about to send the same nanny to you. Did you not tell them that you just had the same nanny? It seems unfair to the agency and to the next family that gets her. I don't think you need to be explicit; but I do think you should tell them that she was your former nanny and that she was unacceptable.

In most states (all that I'm aware of, but then I haven't canvased the entire US), statements by employers about former employees in the context of a recommendation enjoy a limited privilege against defamation claims. This would cut short any potential action against you.

I echo the recommendation to go to Social Services. They have the best chance of getting her out of the system. They have the best chance of documenting any pattern. If you don't call now, then when the next family calls, DSS won't see a pattern. It would be horrible if the first indication DSS had of a problem was some kid's injury or death.

While you're on the phone, you might ask if they provide information on nannies to the public (i.e., can you check your next nanny with them to see if she's got a complaint). No idea if anyplace does this, but I'm curious.

bold_n_brazen 02-02-2004 10:52 AM

Nanny nightmares
 
My mother and I have been fighting of late over my decision to put the Brazenette in day care rather than at home with a Nanny.

I think I'll have her read the recent posts in this forum to make her understand why I chose to go the way I did.

VietMom, I am so sorry for what you and the Babe have been through. Hug her extra tight, and remember that you have always tried to do what is best for her.

Threads 02-02-2004 11:38 AM

Nanny Nightmares
 
So sorry to hear about the nanny issues; and perhaps others are right in suggesting day care.

I want to speak up for the good nannies, though. We hired a woman when my first child was a newborn. All I can say about hiring her is that she felt right when I saw her with the baby.

She was our first and only nanny, who took care of the kids for 10 years until they were both in school. They didn't watch TV, but spent a lot of time at the local park, hanging out with other kids and nannies. And nanny was truly a good and patient person - better than I am at playing baby games for hours on end.

The hardest part of their relationship was that the kids and nanny truly loved each other, and the eventual separation was emotionally difficult, although they still visit from time to time.

I know other families here with similar stories, so it isn't impossible to find the right nanny.

Secret_Agent_Man 02-02-2004 11:51 AM

Babysitter Blues
 
Quote:

Originally posted by viet_mom
I'm rethinking the whole daycare center thing. There are structured activities there, and lots of workers and other kids. I'm coming to think that the Nanny environment is too conducive to abuse and neglect. There's:

(1) a TV to watch what some consider very exciting shows, a telephone to use, books and mags to read, a full refrigerator and the ability to eat any time of the workday, etc..

and on the other side of the equation there is....

(2) a very uninteresting and repetitive 16 month old who doesn't talk, who you don't love, and who wants to pour fake tea over and over and over and over again.


Which of the two do you think they will pick? Especially when they know that nobody will likely know which one they picked. For those who think most Nanny's combine the two above, are you satisfied with the relative amount of attend paid to (2)?
First, I am so very sorry to hear of your bad experience, and I hope things go vastly better in the future.

On the childcare issue you raise -- we use a day care provider who has just a couple of children at a time -- seems to be working wonderfully. She is an employee, essentially, of a network of day-care providers in the area. The network (which is a franchise of a national operation) screens providers, ensures that back-up providers are always available, and imposes certain standards. We get a little written report every day on food eaten, diapers, and activities. The woman has no TV. Our toddler _loves_ her. Good deal. It is pretty expensive for "day care" -- about half of what you said you were paying the first Nanny.

On the nanny subject --

We've never had a nanny, but one of my best friends has been a professional Nanny for about 23 years, and through her I've met several. The deal is that good, experienced Nannys are quite expensive - are rare in most parts of the country -- and are for the most part people who have chosen child-care as a career _because_ they love little kids. You're absolutely right that the system is rife with possibilities for abuse -- and I view every adult as a possible abuser -- but it is far from inevitable.

S_A_M

P.S. If the woman abused your child, my advice would be to report her to the police (in addition to firing), assuming that the Nanny-cam was legal.

pretermitted_child 02-02-2004 06:10 PM

Eavesdropping Laws/Attorney Ethics Violations
 
Quote:

Originally posted by baltassoc
Stop thinking like a lawyer here. Or rather, step back and think like a lawyer - clearly there is cause here, so regardless, termination is appropriate, even if it were the case that there was a problem in recording without consent, which apparently there isn't.
I have no problems with firing her for cause. The general rule in most states is that all employment is at-will, unless there is a contract indicating the contrary. But most lay people don't know this -- they think that they can be fired only for cause and with notice, etc.

I think having something written down which explains both parties' rights and obligations is a Good Thing, mainly because it educates the lay person employee of what is expected of him/her and what rights (or lack thereof) he/she has (or lacks). And if the Nanny-cam is completely legal in your jurisdiction, I would include a clause in the contract which says: "In accepting employment, you hereby consent to being recorded," which puts the Nanny on notice. The existence of such a clause might even prompt some unfit Nannies to avoid working with you.

p(This may be overkill or whatever, but I would NOT hire a Nanny without her having signed a contract. But maybe I'm a freak who needs everything in writing. Heck, while taking property during my 1L year, I was inspired to negotiate a very, very minor modification to my lease -- I typed up an addendum to the lease, presented two copies of the attachment and had the landlord sign and date each one, and gave one copy to my landlord and kept one in my file cabinet. The landlord, who was a grandmotherly type, thought that it was cute that I was being "all-lawyerly" and gladly went along with my fussing.)c

baltassoc 02-02-2004 09:01 PM

Eavesdropping Laws/Attorney Ethics Violations
 
Quote:

Originally posted by pretermitted_child
I think having something written down which explains both parties' rights and obligations is a Good Thing, mainly because it educates the lay person employee of what is expected of him/her and what rights (or lack thereof) he/she has (or lacks).
Now I see where you're going. You want to have the fight up front, instead of at the end.

I find it wiser to simply leave things be when they are to my advantage. Let the nanny go try to hire a lawyer to sue me. It isn't going to happen.

I understand the concept of making sure everyone understands their rights and responsibilities going into a contract, but I think in this context it is overlawyering.

viet_mom 02-03-2004 03:57 PM

Epilogue
 
I can't thank you all enough. This is a damn good forum for the combo childcare/lawyering advice I've needed so sorely this week. I thought you'd all get a kick out of the "end" of the story.

Having obviously fired the Monster on Saturday, I now needed childcare for this week until new gal starts Monday. I immediately phoned a highly advertised service that provides Nannies on an emergency basis. I paid for a Nanny for Monday and Tuesday (yesterday and today). Nanny showed 1 hour late on Monday, then heated the chicken nuggets in the microwave for 10 minutes wrapped in a papertowel instead of 10 seconds. The towel caught fire. Fireman and all at the house. Meanwhile, I had woken up with the stomach flu so I was barfing all day. Badly.

The next day (today), nobody showed. Instead, my phone wrang off the hook from 7 am onward -- the owner of the emergency nanny company calling to tell me she didn't think the nanny would be at my house today because she's discovered the nanny is not really responsible and will be fired by the company, and it's not the company's fault, and trying to tell me her life story. Meanwhile, the Nanny herself is phoning me at the same time telling me what a "psycho" the owner of the company is, yada yada yada. And I'm holding a kid and running to barf. LOL!!!!!

Three hours later, the owner of the company shows up sobbing at my door and wants to tell me why her business is so great and this is all such an anamoly (which I spelled wrong I'm sure). [I don't even know this woman. Just ordered up a Nanny on Saturday via phone]. Meanwhile, I haven't even fed my kid because I'm fielding phone calls all morning (and making them too - trying to find backup childcare for my backup child care that fell through).

I tell the lady nicely that a nanny business is surely hard to run, I wish her luck, but please leave now. Later in the day I am getting hounded by phone calls from a non-English speaking person wanting to confirm my address. The phone is ringing all day. What the heck is going on? The guy finally just shows up at my house and he's carrying flowers (um...thanks for waking my kid up from her nap). Flowers are from the emergency nanny company saying sorry. I thought I ordered a Nanny for yesterday and today but instead my house is filled with ringing phones, smelly florist deliverers, fireman, BUT NO NANNY.

LOL. I give up. The house is a wreck, its still smoky from the fire and I've barfed everywhere. I called a cleaning service and am now running to Mom and Dad in Florida.

If it had not been for the Monster sitter from hell, this week would be in retrospect quite funny. Can't wait to laugh about it with Vietbabe when she's old enough to share a bottle of wine with me.

Have a great work week!!

andViolins 02-03-2004 04:53 PM

Epilogue
 
Quote:

Originally posted by viet_mom Crazy story about no child care and wacky people doing strange things.


No offense viet_mom but with all the strange people that you have described as living in your small town, I feel like I am witnessing an episode of a David Lynch show.

aV

Atticus Grinch 02-03-2004 04:57 PM

Epilogue
 
Quote:

Originally posted by viet_mom
Can't wait to laugh about it with Vietbabe when she's old enough to share a bottle of wine with me.
Play the NannyCam videotape at her rehearsal dinner. Hijinks ensue!

Seriously, you're like freakin' Job over there. Hope you feel better soon. You're overdue for some good karma.

lawyer_princess 02-03-2004 09:48 PM

Mom of the Week
 
Viet Mom, you deserve the Mom of the Week Award. I'm just glad that the Babe is safe, and that she has a mommy who loves her, and that your house didn't burn down.

PS, now might be a good time to pick up some Febreze.

bilmore 02-04-2004 11:47 AM

Epilogue
 
Quote:

Originally posted by viet_mom
LOL. I give up. The house is a wreck, its still smoky from the fire and I've barfed everywhere. I called a cleaning service and am now running to Mom and Dad in Florida.
Now would be a good time to look into adopting that second child you were wondering about.

Atticus Grinch 02-04-2004 12:40 PM

Epilogue
 
Quote:

Originally posted by bilmore
Now would be a good time to look into adopting that second child you were wondering about.
Confidential to viet_mom: It's a trick! Do not accept delivery of any large packages from Minnesota, especially if the packages are smoking, leaking, or making muffled noises!

Sexual Harassment Panda 02-11-2004 09:06 PM

Panda's in the club!!!
 
In light of the Viet Mom sitcom episode, I wonder what I've gotten into. Nonetheless, it's too late to turn back now - we recently welcomed into the world our very first little panda cub! Mom and cub are doing well, as shown below:

http://images.allposters.com/images/pa/6445016.jpg

Sleep...I remember sleep.....

Atticus Grinch 02-11-2004 09:19 PM

Panda's in the club!!!
 
Quote:

Originally posted by Sexual Harassment Panda
Nonetheless, it's too late to turn back now - we recently welcomed into the world our very first little panda cub!
Congratulations. You're in for a treat.

Quote:

Sleep...I remember sleep.....
Don't worry. You'll soon forget it, and you'll be happier for it.

bilmore 02-11-2004 10:38 PM

Panda's in the club!!!
 
Quote:

Originally posted by Sexual Harassment Panda
In light of the Viet Mom sitcom episode, I wonder what I've gotten into. Nonetheless, it's too late to turn back now - we recently welcomed into the world our very first little panda cub! Mom and cub are doing well, as shown below:

Sleep...I remember sleep.....
Cool.

Ask me about vomit.

No, seriously . . .

Sexual Harassment Panda 02-12-2004 02:04 PM

Panda's in the club!!!
 
Quote:

Originally posted by bilmore
Cool.

Ask me about vomit.

No, seriously . . .
I think you'll have some work to do to beat Viet Mom's story, but otherwise, I think that I can't wait to get a T-shirt that says that.

Bilmore -- what can you tell me about vomit?

viet_mom 02-13-2004 01:01 PM

Panda In The House
 
Quote:

Originally posted by Sexual Harassment Panda
..we recently welcomed into the world our very first little panda cub! Mom and cub are doing well, as shown below...Sleep...I remember sleep.....
Congratulations!!!! And don't worry about vomit. Bilmore forgets that when they are that itty-bitty the stuff actually smells good. It's only when they stop vomiting and starting doing something better defined as "blowing chunks" that the going gets rough.

Vietmom (who is, along with her Babe, suffering the adjustment to day care having returned home from Florida to discover the new Nanny had decided to be a stay at home Mom instead of starting work. Goodbye Nannies. Hello
http://www.kindercare.com

Atticus Grinch 02-13-2004 01:23 PM

Panda In The House
 
Quote:

Originally posted by viet_mom
And don't worry about vomit. Bilmore forgets that when they are that itty-bitty the stuff actually smells good.
Women are indeed wired differently.

Granted, it certainly doesn't smell like vomit. And it doesn't smell bad. But "good"? Love is a many splendored thing.

Greedy,Greedy,Greedy 02-13-2004 07:46 PM

Panda's in the club!!!
 
Quote:

Originally posted by Sexual Harassment Panda
In light of the Viet Mom sitcom episode, I wonder what I've gotten into. Nonetheless, it's too late to turn back now - we recently welcomed into the world our very first little panda cub! Mom and cub are doing well, as shown below:

http://images.allposters.com/images/pa/6445016.jpg

Sleep...I remember sleep.....
Congratulations! And that is one cute cub!

Sexual Harassment Panda 02-13-2004 07:52 PM

Panda's in the club!!!
 
Quote:

Originally posted by Greedy,Greedy,Greedy
Congratulations! And that is one cute cub!
Thanks. I have to say, she takes after her mom.

viet_mom 02-14-2004 08:36 PM

Footage; Cottage
 
Does anyone know if there is a place one can bring those little tapes on which we we record videocam footage of our kids doing such fab things and walk out a few minutes later with the footage on a DVD? Anytime I ask about what to do with these little tapes I end up overwhelmed with all this talk about buying this and that and doing stuff on the computer. Can't I just give it to someone and they give it back on DVD? I don't need to edit in Frank Sinatra songs to the backdrop or other stuff (NTTAWWT).

Final question of the day, to daycare center parents: do children really learn to sleep on those awful cots used for naptime, to wit: http://www.ncpg.net/cot33.jpg
Vietbabe passed out for 15 minutes on it, rolled over and fell off it and was not pleased at all. Also - for those of you (if there are any) that converted from Nanny care to daycare center, will I ever get over the feeling that I've just stuck my kid back in an orphanage?

yertle 02-18-2004 09:21 AM

Footage; Cottage
 
Quote:

Final question of the day, to daycare center parents: do children really learn to sleep on those awful cots used for naptime, to wit: http://www.ncpg.net/cot33.jpg
Vietbabe passed out for 15 minutes on it, rolled over and fell off it and was not pleased at all. Also - for those of you (if there are any) that converted from Nanny care to daycare center, will I ever get over the feeling that I've just stuck my kid back in an orphanage?
Re: the cots: amazingly, they do, and they quickly become more cooperative about napping on those than they are at home with all the comforts.

If you pick a day to drop in at a random time during the day (mid morning or mid afternoon), you will quickly feel less like you are leaving her at an orphanage. Drop off time can be traumatic, because there's more crying and carrying on; mid morning or mid afternoon, you are likely to see more of the fun stuff they actually do all day. If its possible, too, hang out for 10 minutes when you pick up- idle chit chat with the teachers can help you get a much better picture of their day. My kids went to a kindercare; for the most part, I've been very happy with the center, though each age room is different. I find in mine their turnover is higher in the older (preschool and K) rooms, which has been somewhat less than optimal, but I was very happy with the 1-3 year old programs, and my son did get quite attached to several of his teachers. And when you get to preschool, pre-k, there are a lot more options out there to choose from anyway.

edited by Not Bob to fix the quote tag.


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