DCM's Lawyer Called Me

[LaLa1923]

I have a DCM who had their nasty bully of a lawyer call me and tell me I did not know contract law. That it doesn't matter what I put in my contract, it must follow the law.

DCM did not notify me of a late arrival and I went about my day. She shows up an hour later wanting to know why I wasn't home.

Long story short she terminated care bc I failed to fulfill the contract. She said since I wasn't home I broke the contract. I require 4 weeks notice to terminate care. Her lawyer said I wasn't entitled to it bc I broke the contact. It doesn't matter what I put in my contract, I am to be available during her contracted hours. This really does not make any sense to me.

Her lawyer said it doesn't matter what time she shows up or if she communicates about her drop off time. Basically she can do whatever she wants and show up whenever she wants.



SERIOUSLY?

[missjenny]

Honestly sounds like mom is trying to pull a fast one on you. Chance are the person who called you isn't a lawyer and just one of her friends posing as one. One of my favorite classes in collage was about contract law (mind you it was contract law for business in California) but what he is saying sounds like BS to me but I am not an expert or an actual lawyer. I'd send a final bill to her for the 4 week notice and a copy of the contract where the parts where she breached it is high lighted. Also saying if payment is not received with all late fees by 30 days you will be taking her to court.

If you want to be sure you can contact your own lawyer and see what they say.

[sharlan]

It doesn't matter what "HE" says as much as it matters what "YOUR" contract says.

[Hunni Bee]

Are you sure that was a lawyer? I'd make them put that mess in writing and keep collecting. It still sounds like a crock anyway.

[snbauser]

I would not trust what her "lawyer" said. First, you have no proof they are a lawyer. Second, she breached the contract by not showing up at her contracted drop off time. Third, she signed the contract. I would continue on in your process and if you are concerned have your own attorney review your contract.

[LaLa1923]

Yes, he's real. I received his letter in the mail also.

[Willow]

No real lawyer would make first initial contact like that.

I'd bet it was a friend or family member trying to scare you. Continue doing what you'd planned to do in regards to collecting and if they call again ask for their name, business address and licence number so you can forward the information onto your own lawyer.

At that point they can no longer contact you directly.

[Willow]

Yes, he's real. I received his letter in the mail also.

Are you sure it wasn't a doctored letter?

[blandino]

Does your contract say anything about arriving at their usual/contracted time ?

If you have a contracted drop off time, I think that would be your saving grace. If contacted drop off is 8:00, and the child isn't there - SHE has violated the contract - not you.

[missjenny]

Are you sure it wasn't a doctored letter?

This.

Wouldn't be hard and really I'm guessing sh owes somewhere in the neighborhood of 1000. Why would she spend about 500 to fight it? And if you got your own lawyer it will cost her even more. Not worth it.

[MNMum]

This sounds exactly like every lawyer I've encountered. They are nasty. I hate that the US is so into lawsuits. Sorry you are going through this. I've always found it was never worth my time or money to deal with crap like this (which is what they are banking on).

[LaLa1923]

Does your contract say anything about arriving at their usual/contracted time ?

If you have a contracted drop off time, I think that would be your saving grace. If contacted drop off is 8:00, and the child isn't there - SHE has violated the contract - not you.

Yes and yes. Her lawyer is saying it doesn't matter what time she was contracted for. I am supposed to provide services from 8-530. She can drop off whenever she likes bc she is paying me.

THis guy is legit, he apparently makes good money for the work her company sends him so he's doing this for free.

[blandino]

Yes and yes. Her lawyer is saying it doesn't matter what time she was contracted for. I am supposed to provide services from 8-530. She can drop off whenever she likes bc she is paying me.

THis guy is legit, he apparently makes good money for the work her company sends him so he's doing this for free.

I genuinely don't beleive this line of thinking will hold up. He is thinking of you like a nanny, who works for them, not as a business who operates on it's own schedule. I would find a eloquently worded way of wording that. Your schedule is not dependent on your client. You run a business with it's own independent schedule that incorporates each child's contracted drop off time, but is not dependent on, each child's individual arrival outside of those contracted times.

[Lyss]

Do you have anything in your contract about late arrivals?

I have that parents must contact within 1 hour of contracted time if they will be late otherwise I assume they are not coming and may make plans or leave the house. It also says if they need care but don't let me know within that hour window and I make plans or leave it will be their responsibility to find alternative care for the day.

I'm so sorry you are going through this. Contact a lawyer yourself.

[Starburst]

Honestly sounds like mom is trying to pull a fast one on you. Chance are the person who called you isn't a lawyer and just one of her friends posing as one. One of my favorite classes in collage was about contract law (mind you it was contract law for business in California) but what he is saying sounds like BS to me but I am not an expert or an actual lawyer. I'd send a final bill to her for the 4 week notice and a copy of the contract where the parts where she breached it is high lighted. Also saying if payment is not received with all late fees by 30 days you will be taking her to court.

If you want to be sure you can contact your own lawyer and see what they say.

I tried to do that to a mom I used to babysit because she never paid me for the last two weeks of care and skipped town she told him she would pay it before small claims court but never made any effort to pay me back after that I just cut my losses and didn't bother again because the amount wasn't worth it even if I did take her to small claims court. I would call your licensor to double check.

In the future, just in case, mention something about: "In the event that I need to temporarily leave the property during daycare hours for any reason, please arrive no later, or in some cased no earlier, than the requested time or you will have to wait for me to return. I will try to give as much notice as possible and an estimated time period. In some cases, I may be able to bring some children with me but car spots are limited so it will be first come first serve. If you do not wish for your child to join the car ride please make other arrangements until my estimated return time."