[WA] Can a DC employer terminate a W-2 nanny by email and how should a promised bonus be handled in a separation agreement?

Lexi, Chatbot

I understand that making the decision to fire someone can be difficult. Have you already discussed any performance issues with your nanny prior to considering termination?

Lexi, Chatbot

Is your nanny an employee or a contractor, and how long have they been working for you?

Richard

Hello. My name is Richard and I have been a licensed attorney for over 25 years and hope to be of assistance. Please be advised that this website is for information purposes only and I cannot formally represent customers of this website or perform actual legal services on your behalf.

I understand you're considering firing your nanny via email after four months of employment. Could you tell me more about any steps you've considered taking regarding this situation?

Richard

Thanks for sharing that. Since you've already communicated about the Christmas bonus, it might be best to process it independently unless you both agree otherwise. Could you let me know where you're located? Employment laws can vary by state.

Richard

Great, thanks for letting me know you're in DC. Do you have a written employment agreement with your nanny that outlines terms for termination or bonuses?

Richard

Because this is Washington, DC and the nanny is a W-2 employee, employment is at-will unless a written agreement says otherwise. That means you may terminate her at any time, for any lawful reason, with or without notice.

Method of termination (email vs. in person):

DC law does not require an in-person termination. Terminating by email is legally permissible. From a risk-management standpoint, email is often preferable because it creates a clear written record of the date, the decision, and any final pay terms. An in-person meeting is optional, not required, and carries no legal advantage.

Christmas bonus already communicated:

Because you already told her the bonus would be paid through payroll, it is safest to treat that bonus as earned compensation rather than as part of a separation bargain. Rolling it into a separation agreement after it has been promised can create an argument that it was withheld or conditioned after the fact. The clean approach is to process the bonus independently through payroll as previously communicated.

Separation agreement question (DC-specific):

A separation agreement must comply with DC law to be enforceable. If the agreement you purchased was specifically marketed or designated as DC-compliant, then it should be tailored accordingly. If it was a generic agreement, DC has additional employee-protective requirements (particularly around releases and consideration), and a generic form may not fully align.

Final pay timing (important in DC):

DC requires all earned wages—including accrued pay owed at separation—to be paid no later than the next regular payday or within 7 days, whichever is earlier. (DC Code § 32–1303 (2))

In short: email termination is legally fine in DC; the bonus should be paid separately since it was already promised; and the separation agreement must be DC-specific to be relied upon.

Richard

In a DC-specific document, it's generally better to specify “District of Columbia” rather than using a generic phrase like “the state where the employer resides.” This ensures clarity and avoids any potential confusion about which laws apply, especially since DC is not a state.