Professional nanny agencies, as a rule, have a `no-refund` policy. Assuming that a few of our members have this policy and stick to it in most situations I asked what they would do if faced with the following scenario.
A set of young parents ask to meet with you personally. The nanny they hired from you started working for them a little over a week ago and they said they just needed a few minutes of your time. When they arrive at your office the following morning they explain that they are both interns and the new mom is still on maternity leave but needs to return to the hospital in another week. Dad explains that the nanny they hired was a lovely grandma type nanny and they hired her because she was much more mature than the other nannies they met and she seemed so nurturing and patient. Dad went on to say, one day this week Nanny was sitting in a rocking chair and fell asleep while holding the newborn baby. Dad said his wife grabbed the baby and that movement woke the nanny. Nanny apologized and said she was taking cold medicine and it must have made her sleepy. The same thing happened again the next day. Mom was now getting weepy as the dad explained that his wife discharged the nanny at that point and now his wife has decided she doesn’t feel comfortable returning to work and doesn’t trust another nanny.
Dad finally said, “I know we signed a contract and we know we aren’t due a refund but we just ask that you not place that nanny again. She is a very nice woman but we don’t think she is appropriate for nanny work.”
Here’s what two well established nanny agency owners responded to “What would you do?”
Barbara Kline, President, White House Nannies
This situation probably isn’t new for any of us who have been in business for a while. What we actually did in a similar case was to stop working with the caregiver after explaining to her why we just couldn’t have the liability of her falling asleep on the job—especially with a baby in her lap. It was a temporary assignment so we didn’t have the issue of refunding a full-time placement fee. If this were to happen again, although we have a no refund policy, we would refund the fee or offer a free replacement in the event that the mom decides to go back to work. What’s great about small businesses is that we owners can make on the spot decisions on a case by case basis. This is a case that would prompt a refund. Especially since the father acknowledged that we weren’t contractually obligated to do so.
Daryl Camarillo, Founder, Owner, Stanford Park Nannies
If a situation occurs where the family feels their child has been placed in danger, we ask the family what they want in order to resolve the situation. If they want a refund, we grant it. If they give us the opportunity to work with them again we will apply their fee to the next referral and work diligently to provide a suitable replacement nanny. In some cases we will provide a few weeks of temporary services at no charge to give the family time to interview.
In terms of our ability to continue to represent the nanny;
We would ask the family to provide a reference for her and explain that all references are fully disclosed to any potential employer. We will also speak with the nanny to understand her experience. If there is a significant difference between the two experiences, we allow the nanny to add her comments to the reference. Both nanny and family are comforted by the fact that we care enough to gather the facts, empathize with them, and treat them with respect and honesty.
Jami Dennis, President, ABC Nannies and Domestics
Like most professional agencies, our fees, replacement period and refund policy are all spelled out very clearly in our Family Agreement (which is signed prior to starting a family’s search). As a rule, we do not negotiate our fees nor do we give refunds. As much as we’d all like situations to be black or white, there are always cases that fall in the grey areas, like this one, where special consideration needs to be given.
After learning of this situation from our client, I would ask for time to decide how we are going to move forward. My first call would be to the nanny—I’d want to hear her side of the story and discuss the details of the situation with her directly. However, I think it’s highly unlikely that we would ever be able to work with her again. Falling asleep on the job not once, but twice, shows a real lack of judgment on her part and could have ended much worse than it did.
After talking to the nanny, I would call the client directly to discuss how we could best to support their family during this difficult period. I would again listen, apologize, and let them know that we would not be representing the nanny any longer. I would then do whatever I could to make the client feel supported and reestablish our credibility. I would also let them know that I am confident our agency could find a trustworthy and experienced nanny for their infant, if given another chance. That being said, if they were adamant about not hiring another nanny I would present them with another option: an extended free replacement period. Rather than allowing a free replacement for only 90 days, I would extend their credit for a full year just in case mom decides to go back to work down the road. If they are not interested in another search or the extended credit, I would likely give them a refund (included in a confidential settlement agreement). I would reiterate that if and when mom goes back to work, we’d love the opportunity to work with them again. Over 50% of our clients are referred to us by a friend or coworker, so keeping each and every family happy is a top priority for us as an agency. If offering a full refund makes the client feel better about the situation, we’d do it…one unhappy family that talks could result thousands in lost income down the road.