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Old 04-30-2019, 01:33 PM
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Blackcat31 Blackcat31 is offline
Join Date: Oct 2010
Posts: 19,609

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.
Transportation issues aside the reason I said provider breached contract is because the OP said:

" 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."

So the family schedules (and pays) for 5 days a week.
Whether they actually use them or not doesn't mean they aren't entitled to them when needed.

Provider has denied care on certain days and parent is needing to find alternate care.

I don't think that is ethical at all.

I have many parents that pay for 5 days and IF anything in my schedule comes up that prevents me from being available the days they scheduled I discussed it with the parent well in advance to make sure they did/didn't plan on using that day.
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