Contract Question

[Alia]

I have a sticky situation. I signed a contract for a DCP which stated her hours were Monday-Friday. We only need 3 relatively short days per week but I'm comfortable paying full time to secure her spot. However, each week, the DCP has actually only been available 2-4 days, some of which are not the days we need, leaving us trying to find alternate care, but we have still been paying for full time. Most weeks my daughter only attends 2 days because the days we need her she isn't available.

The DCP gave one week notice one time, but other than that she tells us the night before typically. She also has been taking my child on errands, doctor appointments for her grown children, or to meet friends (and not even tell us) about half of the days she is available. I've expressed that I don't feel comfortable with this, and she has days we don't need her each week she could do these things.

Tonight was the last straw when she wanted to drive our child half of the day tomorrow to an appointment far away for her 20 year old. I don't feel comfortable having my daughter driven around all the time. I tried to negotiate and ask if we could bring my daughter after the appointment and she could keep her 2 hours after her normal closing time of 4pm in return. She said no because that's not part of the contract. We decided to pull my daughter rather than have her be driven all over this week.

She is demanding 2 weeks of pay as per the contract. I already paid her today for this week and she said that does not count. I think that since she has breached her contract with her limited availability and daycare on wheels the contract is null and void and I should not have to pay. She also recently adopted a pit bull that is constantly trying to jump on my 2 year old and follows no commands whatsoever. It's just all around a bad situation and I'd rather not work than bring her over another day. Am I in my right to refuse to pay due to unsafe conditions and her breaches of contract? I've used multiple daycares over the years with my children and have never experienced anything like this so I'm just a little confused on what to do. I feel like I've been taken advantage of enough already. Thank you.

[Michael]

Welcome to the forum. We are most active with conversation during the day. Please check back in tomorrow for others to help you with your question.

[LittleExplorers]

Did she discuss time off and transportation in the contract? If she is violating her contract, I would probably just cut ties. What does it say for paid time off?

If she is not violating her contract, two weeks pay is due. Being as you told her on Monday, I would count this week's pay as one week, but again, that depends on the wording of the contract.

Either way, I hope you find a good fit in your next provider!

[Blackcat31]

I have a sticky situation. I signed a contract for a DCP which stated her hours were Monday-Friday. We only need 3 relatively short days per week but I'm comfortable paying full time to secure her spot. However, each week, the DCP has actually only been available 2-4 days, some of which are not the days we need, leaving us trying to find alternate care, but we have still been paying for full time. Most weeks my daughter only attends 2 days because the days we need her she isn't available.

The DCP gave one week notice one time, but other than that she tells us the night before typically. She also has been taking my child on errands, doctor appointments for her grown children, or to meet friends (and not even tell us) about half of the days she is available. I've expressed that I don't feel comfortable with this, and she has days we don't need her each week she could do these things.

Tonight was the last straw when she wanted to drive our child half of the day tomorrow to an appointment far away for her 20 year old. I don't feel comfortable having my daughter driven around all the time. I tried to negotiate and ask if we could bring my daughter after the appointment and she could keep her 2 hours after her normal closing time of 4pm in return. She said no because that's not part of the contract. We decided to pull my daughter rather than have her be driven all over this week.

She is demanding 2 weeks of pay as per the contract. I already paid her today for this week and she said that does not count. I think that since she has breached her contract with her limited availability and daycare on wheels the contract is null and void and I should not have to pay. She also recently adopted a pit bull that is constantly trying to jump on my 2 year old and follows no commands whatsoever. It's just all around a bad situation and I'd rather not work than bring her over another day. Am I in my right to refuse to pay due to unsafe conditions and her breaches of contract? I've used multiple daycares over the years with my children and have never experienced anything like this so I'm just a little confused on what to do. I feel like I've been taken advantage of enough already. Thank you.

What state are you in?

Did you know upon enrollment that she would be traveling with your child to where ever?

What does her policies or your contract specifically say in regards to what you are paying for? Are you paying for ACCESS to all 5 days of the week or just the couple days you signed up for?

Did she tell you before she adopted the dog that she was getting a dog?

I don't know but it sort of sounds like the provider is using the contract for her benefit but not adhering to it when it's beneficially for you.

[Cat Herder]

I would write up a professional (brief and to the point, no emotion) notice of her violations to the contract and mail two copies to her. One of which she has to sign for. Keep a third for yourself should you end up in small claims court. https://www.wordexceltemplates.com/notification-letter/

Her case will not stand up in small claims court if she has violated her contract. Contracts must work both ways.

[Alia]

Did she discuss time off and transportation in the contract? If she is violating her contract, I would probably just cut ties. What does it say for paid time off?

If she is not violating her contract, two weeks pay is due. Being as you told her on Monday, I would count this week's pay as one week, but again, that depends on the wording of the contract.

Either way, I hope you find a good fit in your next provider!

The contract states occasionally provider may need to transport children in care for field trips and other activities outside of the daycare home. The contract states she has 2 weeks of vacation per year. One 4 day absence was vacation related and she informed us one week prior, but the other days she's not available were related to other things and we were notified typically the night before. However, "occasional" is at least half of the days she has her. I also think, but I'm not sure, that "field trips and other activities" does not include grocery shopping, doctor, dentist appointments etc. The wording is pretty vague.

I don't think there is anything about this week's pay excluding being part of the two weeks.... The check is dated with the same date as when we quit. She did watch my daughter that day from 10AM to 12PM before I officially quit, but I don't think that would matter as she could technically still be attending for 2 weeks after we give her notice.

I wasn't anticipating this kind of problem as we had been using her hourly for several months before we signed a contract, so to be honest I wasn't too concerned with looking out for myself with the contract because I thought she was pretty trustworthy, so I read it, but I really didn't thoroughly dissect it. I guess I learned from this at the very least.

I hope I find a good fit next time too! Thank you!

[Alia]

What state are you in?

Did you know upon enrollment that she would be traveling with your child to where ever?

I knew that emergencies could arise but no I wasn't aware she would be making it a regular thing.

What does her policies or your contract specifically say in regards to what you are paying for? Are you paying for ACCESS to all 5 days of the week or just the couple days you signed up for?

I am paying for access to all 5 days. I didn't sign up for any specific days. I told her that I make my own schedule 2 months ahead of time and if she needs a set schedule each week I can do that, but typically I work Monday Tuesday one week and Wednesday Thursday the next week, and I'm in school as well and need 1 half day for homework. She said she is open Monday-Friday 7-4 so it doesn't matter to her which days I bring her.

Did she tell you before she adopted the dog that she was getting a dog?

Not at all, we just arrived one day and the new dog was there.

I don't know but it sort of sounds like the provider is using the contract for her benefit but not adhering to it when it's beneficially for you.

I agree and I actually brought that up to her, and she responded in a very nasty way saying I am being inconsiderate, so rather than continue the conversation I just said my daughter would not be returning, thank you for your help with her. She continued on and on about the 2 weeks pay and then started messaging my husband so I blocked her. I don't know if that was the best thing to do but I didn't want to argue. I'm just concerned that with the way things ended she is going to try to take me to court and having never been through that before I'm not sure if I'm in the right. My gut tells me she breached the contract first so it is null and void. But my Google searches have not been able to find much applicable information...

[Cat Herder]

What does the contract say about the notice she must give you if she is unable to provide care?

Did this dog have access to your child?

What state?

Two weeks notice fees are generally collected at the time of enrollment. Did you pay that fee?

[Alia]

I would write up a professional (brief and to the point, no emotion) notice of her violations to the contract and mail two copies to her. One of which she has to sign for. Keep a third for yourself should you end up in small claims court. https://www.wordexceltemplates.com/notification-letter/

Her case will not stand up in small claims court if she has violated her contract. Contracts must work both ways.

That is great news thank you. I did tell her that I think her closures and requiring early pick ups some days were a breach of contract and she said that she never closed or required early pick ups. I have text messages that say "I can do Tuesday, Wednesday, and Thursday" on Sunday night... or "Just letting you know she needs to be picked up by 3 today" Maybe she does not consider that a breach of contract if she told me at all and we didn't just show up to locked doors? So I think that she would not sign that form because she doesn't see herself as in the wrong.

[Alia]

What does the contract say about the notice she must give you if she is unable to provide care?

Did this dog have access to your child?

What state?

I did not see any requirements about the notice she must give. Yes the dog continuously was trying to jump on her. SC

[Blackcat31]

I agree and I actually brought that up to her, and she responded in a very nasty way saying I am being inconsiderate, so rather than continue the conversation I just said my daughter would not be returning, thank you for your help with her. She continued on and on about the 2 weeks pay and then started messaging my husband so I blocked her. I don't know if that was the best thing to do but I didn't want to argue. I'm just concerned that with the way things ended she is going to try to take me to court and having never been through that before I'm not sure if I'm in the right. My gut tells me she breached the contract first so it is null and void. But my Google searches have not been able to find much applicable information...

I would do exactly as Cat Herder said above.

As a veteran provider that's been in this business for over 2 decades, I can almost guarantee she will NOT take you to court.

The two weeks she thinks you owe her would cost her far more in the end AND if she files in conciliation court, SHE bears the burden of proving that YOU violated the contract.

In order to do that, she'd have to admit she did first.

In the future, as cliche` as it sounds; "Get it in writing" Every detail.

[Cat Herder]

I agree with BC. Also 20+ years.

In the future, I'd make sure that you must sign a field trip form for each and every trip off site. Standard "may transport" blanket permission just does not fly anymore. Each trip should outline educational goals, place, meals, activities, times of departure and return. The trips should be about the children during daycare hours. :hug: You are paying for that, after all. Here, off-site trips require a second provider, because ratio drops almost in half.

30-day notice of closures for vacation and around 3 emergency/short term notice closures per year should be about the norm. I have not had an emergency short term closure in over 5 years. It isn't that common with most providers. Our lifestyles are generally not that chaotic.

Pets should never have access to children during daycare hours. Daycare kids should never have access to pets, for the very same reasons. ::

Good luck in the future. Never fear court if you are right.

[Leigh]

I have to disagree with the others about the provider breaching contract. The parent agreed to transportation for "other activities", which would encompass personal errands, in my opinion. The parent agreed to 2 weeks' paid vacation-if the provider was paid for 2 weeks' or less, then there would not be a breach of contract for the early closures or days closed. As far as which days were available to the client, unless the contract specified which days services would be provided, I would find it reasonable to assume that they would be worked out on a regular basis based on availability of provider and need of client. If the dog wasn't addressed in the contract, then it is a non-issue, as well, though I think it very foolish to allow a new dog to have free reign around an unknown child.

It seems that both parties should, going forward, make sure that any contracts they sign are straightforward about the needs/abilities of both parties BEFORE signing.

TL, DR: My opinion is that at least one more week of pay is due, because the OP doesn't state where the contract was actually breached.

[Cat Herder]

OP doesn't state where the contract was actually breached.

I read it to say their child was transported without their consent and that the full-time slot they paid for is rarely available to them AKA double dipping. One is illegal the other unprofessional. They terminated due to provider refusing to accept their withdrawal of transport permission.

That is a pretty big breach to me. To me, it would be a wash.

[Alia]

I have to disagree with the others about the provider breaching contract. The parent agreed to transportation for "other activities", which would encompass personal errands, in my opinion. The parent agreed to 2 weeks' paid vacation-if the provider was paid for 2 weeks' or less, then there would not be a breach of contract for the early closures or days closed. As far as which days were available to the client, unless the contract specified which days services would be provided, I would find it reasonable to assume that they would be worked out on a regular basis based on availability of provider and need of client. If the dog wasn't addressed in the contract, then it is a non-issue, as well, though I think it very foolish to allow a new dog to have free reign around an unknown child.

It seems that both parties should, going forward, make sure that any contracts they sign are straightforward about the needs/abilities of both parties BEFORE signing.

TL, DR: My opinion is that at least one more week of pay is due, because the OP doesn't state where the contract was actually breached.

Hmmm I do see your point about the "other activities" but what about the language of "occasional"? The contract did specify Monday through Friday 7AM to 4PM, there was nothing that indicates that I would only use her 3 days per week as we will be needing 5 day per week childcare in the future. With an untrained dog that size jumping on a 2 year old would it be reasonable from a legal standpoint to not expect a parent to continue bringing their child for concern for their safety? Also the contract did not specify "paid" vacation but I did pay for full time each week.

I have to agree with you going forward I will be more careful. I have never had someone work a contract to the point where they can give poor care to my child and it be okay. I just didn't think she could be that way but I have learned to not trust people to be good.