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Snowmom 05:41 PM 04-23-2020
Originally Posted by Canbo:
Thanks for the reply. There is a parent handbook. I am not sure about a contract but there was some registration process and I am pretty sure we signed some documents. This facility is still open by the way and a few weeks ago they emailed all parents that they will only serve parents who work in the essential businesses. So in this sense, it was not our choice not to send our kid to the daycare either. In a phone call just now, he talked to me and he was so angry. He referred to two unpaid weeks that we were on vacation last year (he says he waived these weeks last year but now he wants the money) and two more weeks of unpaid weeks because we didn't give notice. (we didn't see COVID-19 coming like this). He added that he never wants us back as a customer. Well, a stressful evening for something small. But I felt really offended. His email was a shorter version of this. I recorded our phone conversation and I have the emails. I am not sure if I can use them in court.
Ok, this puts a different spin on your legal options.
Is your state mandating that only essential workers can use daycare?
If not, you could win in a court of law because they broke the contract by refusing the agreed upon service. Unless there is specific verbiage in their contract that covers extended closures.