A family recently reached out to us with a question we wanted to share, because it comes up more often than you might expect when a nanny position comes to an end.
“Do we really owe our nanny $15,600 for unemployment?”
It is a tricky topic, and the answer often depends on where you live. Below, we walk through when a nanny may or may not be eligible for unemployment benefits, and what you should do if you receive a claim.
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Here is the question a family recently submitted on the topic of nanny unemployment benefits:
Here’s the question:
“Hi, we’re looking for someone to advise us in Washington state. We had a nanny from when our son was 6 months old until he went to school. Everything was paid above the table. Our son started school in September, and we agreed with our nanny that we didn’t need her anymore. Now it seems like we are liable for 26 weeks of unemployment at $600 per week, which is a huge surprise.”
If you do some quick math, you will have worked out that this family believes they owe $15,600 to help cover a portion of their former nanny’s unemployment benefits.
That is a lot of money for a family to shoulder.
You might be surprised to learn that there are many reasons a nanny can collect unemployment after their nanny position with their family ends.
Some of these reasons can include typical reasons such as the position ends, the contract ends, the hours of the position are getting cut, or even some circumstances where the nanny quits.
Here is a comprehensive list of reasons a nanny can collect unemployment benefits:
A nanny was laid off, and the employer is not replacing the nanny (the nanny must meet criteria to be eligible).
Reasons the nanny might be laid off include:
The employer has no work available.
The assignment or contract ended.
The position was eliminated.
The nanny was a seasonal employee and the season ended (such as with a summertime nanny).
Your employer gave you a separation reason as standby (such as if the family goes on parental leave).
Other reasons that a nanny can be eligible to collect unemployment benefits include:
Being fired for not having the skills to do the job, or if the nanny quits for one of the following reasons, such as:
They become sick or disabled, or they’re caring for a family member who is sick or disabled.
The nanny requires protection from a domestic violence situation.
The employer reduced usual pay or hours of work by 20-25% or more.
The employer changed the location of work so the commute is longer or harder.
The nanny alerted the employer of safety issues that the employer did not correct.
The employer changed the typical work, and now that work goes against the nanny’s religious or moral beliefs.
Now, here is a list of reasons that a nanny cannot collect unemployment benefits:
The nanny was fired, employment ended because of performance behavior misconduct, or another just cause reason.
Examples of getting fired for misconduct include:
Insubordination
Repeated inexcusable tardiness after warnings
Violating the law
Deliberately violating or disregarding standards of behavior that your employer has a right to expect.
Carelessness or negligence that causes or will likely cause serious bodily harm to your employer (and this likely includes the nanny child as well).
Finally, carelessness or negligence that shows an intentional or substantial disregard for your employer.
What should you do if you are a family who has received notice that your nanny has filed for unemployment?
The first thing that you will want to do is respond right away.
Employers in Washington state have 10 days to respond to an unemployment claim that may make their former employee ineligible to receive benefits.
It’s important to note that the rules above focus specifically on Washington state.
If you’re in another state, you will want to check your state’s regulations to find out what the exact rules for unemployment are.
Unemployment eligibility can be complicated, and the details matter, so when in doubt it’s always worth confirming the specifics for your own state and situation.