Jason Sudeikis and Olivia Wilde Want to Move Nanny Lawsuit to Arbitra |

UPDATE

12:51 PM PT -- Genaro's attorney, Ron Zambrano, tells us, "It seems like a weak attempt to kick the case to a confidential arbitration in New York. I am very confident the petition will be denied on procedural and substantive grounds. As to the underlying facts, we’ve got text messages and testimony that she was driven to quit, then was summarily fired anyway."

UPDATE

Zambrano continues, "If in the unlikely event a judge or jury does not see a wrongful termination, they will most definitely see that she was not accommodated for the mental distress and anxiety that Wilde and Sudeikis were aware of, which then led to her having no choice but to resign – in other words, constructive termination.”

Jason Sudeikis and Olivia Wilde are firing back at their former nanny -- the same woman who has allegedly been going after them for a while -- ripping her for airing dirty laundry in the media and seeking to have her lawsuit against them moved to a private arbitrator.

According to new legal docs, obtained by TMZ, Jason and Olivia say Ericka Genaro's civil suit never should have been filed in a California court. If she wanted to sue them, they say she should have taken up her beef in a private arbitration in New York.

Jason and Olivia tell TMZ ... "It is unfortunate that this private matter continues to play out in the press. Our focus has been and will continue to be to steadfastly protect our family in the face of harassment of any kind. We are confident that the evidence brought forward will affirm our position to summarily dismiss this case and bring our family peace."

TMZ broke the story ... the nanny took the ex-couple to court back in February, claiming they drove her to her wit's end and then some.

Genaro says she worked for Jason and Olivia from 2018 to 2021, claiming she had a ton of extra duties dumped on her plate when Olivia started dating Harry Styles.

Jason and Olivia say the issues only started after Genaro wanted her salary doubled again and to be paid tax-free.

NANNY NONSENSE

In her suit, the nanny also claimed Jason would vent to her about Olivia and Harry, adding to an already stressful job. Genaro says medical professionals told her to take a break from working because of stress and anxiety, and she claims when she told Jason she was going to step away, he fired her on the spot. She claims she was wrongfully terminated and says Jason and Olivia violated other California labor laws.

But, Jason and Olivia say not so fast.

In their filing, JS and OW claim Genaro was generously paid, even had her salary doubled at the end of 2020, was regularly given raises and was well taken care of by the family.

What's more, Jason and Olivia say Genaro broke her contract by blabbing to the media, claiming she threatened their family by saying she "can be ruthless" and advertising her willingness to "dish" about her time as their nanny.

Jason and Olivia say Genaro resigned and wasn't fired ... and they say they paid for her and her dog to stay for weeks at the Rosewood Hotel in London even after she resigned, footing the bill for over $22,000 worth of in-room food and alcohol charges.

Olivia Wilde and Jason Sudeikis Happier Times

Gallery Launch Gallery Happier Times Launch Gallery Getty

They say she was also reimbursed for $17,000 worth of charges for travel arrangements from London to the U.S.

And, get this ... Jason and Olivia say the nanny has a criminal record, which they claim they knew nothing about when they hired her because she purported to have a clean background.