(9 yrs ago)
My helper has given me a one month's notice of termination letter "due to our high standards" & quoted a few things such as she has to pay a lot for food as I have complained about the cooking smells from her food. (This is true - the smell pervading through our apartment was unbelievable at times!)
I am thinking of having her leave more or less immediately as we won't be around on her leaving date otherwise & obviously that is not a good idea. I would therefore pay her one months notice (& she is paid way over the minimum - not bad really when both kids are out at school all day & we are very easygoing & too nice, but basically have wised up to what goes on).
She is currently doing her second contract with us - are we liable to anything other than the salary in lieu, flight home & expenses? I have actually just booked her holiday flight home so should I let her have that anyway & then have another one way ticket?
Most importantly, can this termination letter which has a few comments in it have any legal implications for us? Should I get her to write another letter just saying she is giving the notice (or does she have to put a reason?) & in return I'll write a reference letter for her.
I could write a script about things she's done, including forgetting to pick up my child from school, me coming home to find her wearing my things, & me bumping into her in Central during the day when she was suppposed to be working! (None of which I raised my voice to, but I did tell her on each occasion it wasn't acceptable).
First of all, it's your helper that is given you the one month notice, so she's quitting on you, not you firing her. So whatever she did to displease you only entitles you to write about it or comment about it on the letter of recommendation or if her future employer ever calls you up for verification.
I would also have her leave immediately to avoid any other possible conflicts, or complications by giving her the 1 month compensation.
You are actually only responsible for: 1 way ticket back to her home country, and if this is her second contract, do you owe her any Annual leave holidays from the previous contract? If so, you have to pay her for that.
Before she goes, I would write in black and white and you and her both have to sign that it is agreed that 1 month notice was given, and the 1 month compensation was paid, 1 way ticket back to home country is given and received by her, and no further outstanding money is owed by either parties. All holidays has been taken or compensated by cash...etc.
You and her each get a copy.
Furthermore, if she requests a letter of recommendation or verification, you should write it for her, but how good and how bad, it's up to you.
All the best, it must be SUCH a headache to have to find and get used to a new DH.
Yes I know it's not us firing her - sorry didn't meant to sound like there was any sort of standoff going on - it's all quite amicable (at the moment!)& I was just being flippant when I quoted some of the not so great things she's done.
Will speak to immigration on Mon but basically do I need to be suspicious about her motives for writing what she's written in her termination letter in terms of any repercussions for us?
I presume that Immigration need to see a copy of the termination letter & what would be a suitable wording for the reason that she is leaving which would work for both of us?
Although your helper is actually leaving you, it sounds like you should have terminated her long time ago. Just pay her off and tell her not to return from her holiday, so you don't have to pay for another one way ticket.
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