Nanny or Au Pair Agency Placement Fee Disputes
Childcare placement agencies charge significant fees to match families with nannies or au pairs — and disputes arise when a placement falls through quickly, or promised services (replacement guarantees, screening standards) weren't honored.
Check the agency's guarantee policy
Most reputable placement agencies offer some form of replacement guarantee — if a placement doesn't work out within a specified window (commonly 30-90 days), they'll provide a replacement candidate or a partial refund. Your first step should be requesting this under their own stated terms, since it's usually the fastest resolution and strengthens your case if they refuse to honor it.
Common disputes
- A placement ended quickly (the caregiver quit, or the family ended it for cause) and the agency won't honor their replacement guarantee
- The agency's background check or screening process missed something significant that a reasonable screening should have caught
- Fees charged weren't clearly disclosed upfront, or additional charges appeared that weren't part of the original agreement
- The agency failed to deliver a placement at all within a reasonable time despite fees paid
Evidence that strengthens your case
- The service agreement, specifically the fee structure and any replacement or refund guarantee terms
- Communication about the placement's issues and your request for a replacement or refund
- Payment records, showing what was paid and when
- Documentation of why the placement ended, if relevant to whether it qualifies under a "for cause" guarantee provision
Background check failures are a distinct, more serious category
If a caregiver's background — something that should have been caught by reasonable screening — created a safety issue for your family, this may be a more significant claim than a standard placement dispute, since it goes to the core service the agency was specifically paid to provide. Document what happened and what the agency's stated screening process was supposed to include.
Check for licensing
Many states have specific licensing or registration requirements for childcare placement or au pair agencies (au pair agencies in particular are federally regulated through a State Department-sponsored exchange visitor program) — checking this and any complaint history can add useful context to your case.
Calculating your claim
- A refund of placement fees, if the agency failed to deliver a working placement or honor their own guarantee
- Any documented additional costs incurred finding replacement care on short notice
This article is for general informational purposes and isn't legal advice. Placement agency contract terms and licensing requirements vary by state and agency type — review your specific agreement before filing.