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Old 04-30-2019, 12:07 PM
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Alia Alia is offline Member
Join Date: Apr 2019
Posts: 7

Originally Posted by Leigh View Post
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.
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