Originally Posted by proudmommyofthree:
I have a legal question. A former client of mine, text me and told me her current provider gave her a 30 day notice yesterday. After her child told the provider "my mom says if you don't take us to the pool she's pulling us out" so the provider gave her notice. Today the client decides not to take the kids . Now the provider sends a text saying she is going to take her to court because the client needs to pay the full 30 days. I asked her to send me the contract. The contract states that the parents must sign a written letter giving 30 day notice to provider paid. But the provider terminated first. Nothing on the contract states the parents must pay if the provider terminates first. So can the provider send her to court? TIA
Providers need to be careful about termination and not assume a parent is terminating the contract until they get confirmation from a parent. So, in this case it sounds like the provider terminated the contract. The question is, under what circumstances did the provider terminate. Since the provider terminated and gave the parent a 30 day notice, then the parent owes for the 30 days because the provider is willing to provide care for these days. If the parent wants to terminate, then the parent must follow the terms of the contract which says the parent must give a 30 notice. So, even though the provider wasn't required to give a 30 day notice, the parent can must still give a 30 day notice to terminate. Therefore, the parent owes for the 30 days.