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  #1  
Old 06-20-2017, 09:06 PM
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Default Question For Tom Re: Contract Am Termination

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
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Old 06-21-2017, 06:52 AM
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Originally Posted by proudmommyofthree View Post
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
I think if the provider is willing to provide care for the 30 days the parent HAS to pay. I'd fight it if I were the parent and the provider refused to provide the services but then again if the contract says the parent has to pay (while wearing a unicorn costume and standing on one leg) and the parent signed it, then the parent is legally obligated to pay.

Personally, I think it's highly unprofessional to term a family because of a child saying something like that and I think it's just as unprofessional to term when a providers gets a hint or clue the parent is seeking out or searching for other care...... When providers allow the business part of this to become personal, they ultimate harm themselves.
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Old 06-21-2017, 08:25 AM
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Is it possible that the provider runs a preschool program and only enrolled summer clients that would be staying on for preschool? If she took this family over a "more stable" enrollment she would be making a business risk management decision. That is a lot of lesson plans to write, in vain, after all.

Maybe the termination is more about the disrespectful behavior of the kid causing issues with the group than the "threat".

I am curious, why did this client leave you OP and are they now coming back? Why are you choosing to be involved?
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Old 06-21-2017, 08:48 AM
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The parent is a difficult parent. Always wanting cheaper. Always bringing kids in sick and the list goes on. She left becuase she couldn't afford me any longer and when the older child started school, she was at different school district than the one I picked up at , i wouldn't be able to pick her up. (so she would have left regardless) She has come back once a couple of years ago in the summer, (for summer care only) but left due to my strict illness policy. She is not coming back to me (she asked last month, I told her I had no space) but did send me a text yesterday telling me situation and asking if she could be sued. I've know this family for 9 years so I think she just felt comfortable asking me for advise. I did tell her she might have to pay the 30 days, that she did sign a contract.
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Old 06-21-2017, 08:49 AM
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Just from the little information we have here, I would say the parents would be required to pay the remaining 30 days. The provider is not ending the contract effective immediately but is terminating the contract effective on the 30th day, which obligates the parents to pay until the contract is terminated. That's just my opinion, and I'll be interested to see if Tom chimes in on this.
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Old 06-21-2017, 09:03 AM
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Got it. Smart for you to stick to your guns and pass.

IMHO, the provider would have less drama and get to enjoy the summer if she just let it go, effective today (as long as she is paid up for the remainder of this week ).

I don't do deposits or paid notice simply because my peace is worth more to me. I am in the vast minority, though.

It may (will ) cost more ($, time, reputation, stress, etc.) to pursue it than to let it go.
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Old 06-21-2017, 11:16 AM
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Quote:
Originally Posted by Cat Herder View Post
Got it. Smart for you to stick to your guns and pass.

IMHO, the provider would have less drama and get to enjoy the summer if she just let it go, effective today (as long as she is paid up for the remainder of this week ).

I don't do deposits or paid notice simply because my peace is worth more to me. I am in the vast minority, though.

It may (will ) cost more ($, time, reputation, stress, etc.) to pursue it than to let it go.
I think I'd stay out of it under these circumstances. If the parent is such a pain then she was most likely termed for many reasons. She needs to deal with it and hopefully realize that she needs to treat her relationships better.
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Old 06-21-2017, 11:59 AM
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Default Who terminated?

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Originally Posted by proudmommyofthree View Post
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.
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Old 06-21-2017, 01:38 PM
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What I don't understand here is how this parent feels that the contract that she signed and agreed to is only something that the provider should be held to. Why would she feel that SHE should not uphold her end?
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Old 06-22-2017, 07:56 AM
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Default Contract enforcement

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Originally Posted by Leigh View Post
What I don't understand here is how this parent feels that the contract that she signed and agreed to is only something that the provider should be held to. Why would she feel that SHE should not uphold her end?
Parents sometimes feel they don't have to follow the contract they signed because sometimes providers don't treat their contract seriously. Providers need to consistently enforce their contract. Providers should communicate clearly to parents that they will do so when the contract is signed and then follow through. Parent attitudes will change when they see providers treating all aspects of their contract seriously.
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