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How do I ask my employer for fewer hours to work my other job? I am leaving this employer

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Question - (16 March 2015) 6 Answers - (Newest, 17 March 2015)
A female United States age 30-35, *oeismeanyou writes:

I'm a full time Nanny that works with a work from home mom. I work 9-5 Monday through Friday with no benefits (no vacation days or sick days and no contract). Since the job is going to be up in May, I went job hunting to make sure I'm not jobless in the summer. Recently I just got a part time job at the YMCA and it will be starting soon (with in the next 2 weeks). My options is to either quit early or work both jobs. So I chose to work both so I won't be leaving prematurely and I won't get a bad reference from her down the line. How do I ask for fewer hours from my current job so I could work this part-time job? The YMCA is only open for so long.

PS- The reason why I'm asking this "simple" question is because my current boss is kind of unpredictable at times. Lately I've been having issues with the mother because she doesn't believe I know what I am doing and tends to either get an attitude with me or ignores me when I say something to her. I honestly just want to quit, but I know I have to give her a 60 day notice.

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A male reader, Sageoldguy1465 United States +, writes (17 March 2015):

Sageoldguy1465 agony auntShort of a contractual agreement, anybody is an "at-will" employee, and can leave whenever they darn well please....

The graceful way to handle this situation might be to tell the person for whom you are the nanny that you intend to work elsewhere, soon. .. and that you will stay until they can find a replacement for you... but, in no event, longer than (you fill in the number) weeks (or days)...

Then, you continue on in life. You've told your current employer that you'er leaving, that you'll do your best to accomodate that she finds your replacement... and, no longer than you've stated...

As for your concern that you would "... get a bad reference from her down the line."... Don't worry. You needn't even mention this nanny position - if you don't wish - when seeking employment in the future.... AND, if you do (mention it) most prospective employers would not give much credence to a jilted "past employer".... IF they really find you to be the person for them...

Good luck...

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A female reader, like I see it United States +, writes (17 March 2015):

like I see it agony auntTisha gave you some very good advice.

Ask your employer for the recommendation now - you can simply tell her you expect finding a new job to take a little while given the current job market, and that you hope to have a new job lined up by the time your old job is no longer available to you. None of this is a lie.

Once you have a letter of recommendation, you can give her your two weeks' notice and then leave. As others have stated, without a contract there should be no obligation to "60 days" notice on your end. DO NOT quit on the spot, no matter how angry she makes you - this will look bad to prospective employers in the future - but don't feel obligated to give notice beyond two weeks if your employer isn't following the rules Tisha outlined. She will not be able to enforce or come after you for anything without exposing the fact that she herself has not been complying with labor laws.

Hope this helps. Good luck and best wishes with your new job!

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A female reader, Tisha-1 United States +, writes (16 March 2015):

Tisha-1 agony auntAsk her for a written recommendation from her now on the grounds that you are seeking employment in May. That way you at least have a written endorsement from her which would counter any issues later on if you do leave early.

Also document all your 'issues' with her in a diary; log everything so you have something to show future employers if she does wind up as a problem later.

She apparently has some legal obligations to meet if she is paying a nanny. Is she meeting those? If not, if things go south, you could suggest that a negative recommendation from her about you could wind up with legal problems for her down the line.

Is she paying your social security and medicare taxes? Because if she is not, she may wind up in trouble for paying you cash with no contract.

This site http://www.babycenter.com/0_legal-requirements-for-employing-a-nanny_5946.bc

had this very eye-opening review of what she is responsible for:

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You are responsible for paying Social Security and Medicare taxes for your nanny. You may also need to pay federal and state unemployment taxes, state income tax, or other fees.

Income taxes: You're not required to withhold income taxes from your nanny's paycheck, but if you don't, she'll have to make quarterly estimated tax payments or risk owing penalties at tax time.

Most people who employ a full-time nanny offer to deduct her income taxes as a convenience, so she won't need to make quarterly estimated tax payments herself. If your nanny is part time, you probably don't need to deduct income taxes for her.

If you and your nanny decide that you will withhold income taxes from her paycheck, she must complete Form W-4 (Employee's Withholding Allowance Certificate).

On this form, your nanny determines her filing status and how many exemptions she's taking. You'll need this information to calculate how much to deduct from her paycheck for federal income taxes. Keep this form in your records. (You can also let your nanny know that she might be eligible for the Earned Income Credit, which may help reduce her tax burden.)

Social Security, Medicare, and other fees: If you pay your nanny at least $1,800 in wages in a year, you must also pay Social Security and Medicare taxes for her. You deduct half the Social Security tax from your nanny's check, and pay the other half yourself. If you don't do this, you may be subject to legal penalties, and you won't be eligible for any childcare tax benefits on your federal income tax return.

The current Social Security rate requires deducting 6.2 percent from your nanny's pay (for the first $110,100 of wages) and paying 12.4 percent to the IRS.

Medicare works the same way: You deduct 1.45 percent from your nanny's wages and pay double that, or 2.9 percent, to the IRS.

You're also responsible for federal (and often state) unemployment taxes and sometimes other fees. Federal unemployment tax is usually 0.8 percent on the first $7,000 of wages. This is not deducted from your nanny's wages, but is paid directly to the IRS.

You can use an online tax calculatorto figure out how much to withhold for all these taxes. (Make sure your nanny's paycheck stubs list her gross pay, any deductions, and the net amount of the check issued to her.)

You also can use the tax tables provided by the IRS to calculate how much to withhold for Social Security, Medicare, and federal income tax.

Report all federal taxes on your personal income tax return, using Schedule H with your Form 1040.

You must provide your nanny with copies of her W-2, which details her wages and deductions for the previous year, by January 31. Then file the form with the Social Security Administration, along with the transmittal Form W-3, by February 28 (or April 1 if you file electronically).

Keep records

Keep the following records on file for at least four years:

Your state and federal employer identification numbers

Your nanny's name, address, and Social Security number

Her dates of employment

Your nanny's pay schedule (how often you pay her), wage, and taxes paid

Copies of all necessary forms, such as the I-9, the W-2, payroll tax returns, payment coupons (for making quarterly payments), and the W-4, if used

Dates and amounts of tax deposits (quarterly payments)

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This site http://www.nanny.org/resources/nannies/employment-rights-of-nannies/

had some very important information as well.

I would check into local legal aid services and speak to someone with state-specific knowledge of the law where you are.

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A female reader, anonymous, writes (16 March 2015):

You have no contract, her behaviour is erratic, give the bare minimum in return and take care of yourself.

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A female reader, Honeypie United States + , writes (16 March 2015):

Honeypie agony auntWhy 60 days?

Do you have a contract that states you have to give her 60 days notice? Because normally you "owe" her 2 weeks, no more.

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A female reader, So_Very_Confused United States +, writes (16 March 2015):

So_Very_Confused agony auntif you have no contract I would give her two weeks notice.

and leave.

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