A nanny who had worked for a family for over three years was notified that the parents were replacing her with an au pair because the youngest child was about to enroll in nursery school. The employer made it clear that there would be work available at least until either the date of enrollment in school or until the au pair was hired. But by the end of the summer, the nanny became concerned that she had no assurance of continued work and the parents had not provided her with a termination date or any further information on the au pair hiring. After the au pair contacted her for information on the kids, the nanny confronted the parents/employer and demanded that they give her a final date of employment along with a reference. But when she filed for unemployment benefits, the employer contested the claim, saying that the nanny had caused the separation by demanding a termination date. But with the assistance of a CAP attorney, the nanny won her case when she was able to prove that she was involuntarily separated from her job due to the parents' personal choice of an au pair versus a nanny.
The Claimant Advocacy Program (CAP) is a free legal counseling service available to individuals who file unemployment compensation appeals in the District of Columbia. Call 202-974-8150 for more info.