Originally Posted by shannon aden:
good morning I am so happy to have found this forum. I have been a provider in oregon for 30 years and always had a written contract. My contract requires parents to pay a flat rate per month with no deductions for absent days and no refunds of unused days unless a thirty day written notice is given. I am licenced for 16 kids and staff a one to five ratio. My contract is clear tuition is based on a flat monthly rate once family signs the contract the spot is theirs until I get a written notice.
Last June a family left care on the 18th of June to keep child home with grandma who was visiting from china. She has filed a small claims case saying I owe her for the 9 days of care she claims I refused to fulfull over the summer as a drop in client.
I dont provide drop in care which i verbaly told her, I reminded her of our contract and told her she could use the days in June as she saw fit. I filed the spot July 1st
She called over the summer as well as text asking for care to which I said no because the spot was not available. I reminded her that drop in care was not available.
In December she demanded i work for her for 9 days and wanted him back in care for January and part time in February. I said no that started the ball rolling.
I am headed to court on the grounds of standing by my signed contract she said we have a verbal agreement.
I just want your thoughts or legal advise a signed contract should trump any verbal agreement she thinks there was?
On what date did the family submit their written notice?
What date did their 30 days end on?
Does your contract address part and full time as well as drop in or the fact that drop in is not an enrollment status?
Depending on the answers, you may have a good case.
The verbal part shouldn't play a role in any of this unless withdrawal was not followed according to your contract.