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Daycare Center and Family Home Forum>Contract Expert Needed! Question Please
legomom922 04:26 PM 01-04-2011
I have a question her for a "Contract" expert, LOL.
if I have a client who signed a contract for certain days (tues , thurs, fri) and then due to work they switched their days to mon, wed, thurs, but because of the Christmas holiday a new contract has not been signed. I had to term them today. Would the old contract still be valid? Or am I offically working without a contract? The reason why I am asking is because my contract states that when notice is given by any party, the 2 wk period is still paid even if their child no longer attends, and this DCM is stating she is not going to pay me.
Anyone know the legalities of this? i need to know if I am up the creek without a paddle!
if I have a client who signed a contract for certain days (tues , thurs, fri) and then due to work they switched their days to mon, wed, thurs, but because of the Christmas holiday a new contract has not been signed. I had to term them today. Would the old contract still be valid? Or am I offically working without a contract? The reason why I am asking is because my contract states that when notice is given by any party, the 2 wk period is still paid even if their child no longer attends, and this DCM is stating she is not going to pay me.
Anyone know the legalities of this? i need to know if I am up the creek without a paddle!
missnikki 04:28 PM 01-04-2011
See my response in the other thread.
Michael 04:54 PM 01-04-2011
Originally Posted by legomom922:
I have a question her for a "Contract" expert, LOL.
if I have a client who signed a contract for certain days (tues , thurs, fri) and then due to work they switched their days to mon, wed, thurs, but because of the Christmas holiday a new contract has not been signed. I had to term them today. Would the old contract still be valid? Or am I offically working without a contract? The reason why I am asking is because my contract states that when notice is given by any party, the 2 wk period is still paid even if their child no longer attends, and this DCM is stating she is not going to pay me.
Anyone know the legalities of this? i need to know if I am up the creek without a paddle!
I read your other thread. I think the last sentence of your thread here sums it up. Here is what I wrote in the other thread: IMHO, that fact that you gave her an offer letter with a no contract mention leaves the ball with her. That letter is the current contract.I have a question her for a "Contract" expert, LOL.
if I have a client who signed a contract for certain days (tues , thurs, fri) and then due to work they switched their days to mon, wed, thurs, but because of the Christmas holiday a new contract has not been signed. I had to term them today. Would the old contract still be valid? Or am I offically working without a contract? The reason why I am asking is because my contract states that when notice is given by any party, the 2 wk period is still paid even if their child no longer attends, and this DCM is stating she is not going to pay me.
Anyone know the legalities of this? i need to know if I am up the creek without a paddle!
legomom922 05:11 PM 01-04-2011
No. Her new hrs took effect as of this week, and she was termed today, so no time for a new contract.
missnikki 05:14 PM 01-04-2011
Michael, I think she has not given a new one, that's the problem.
This mom is working on an old contract with no set end-date parameters. The mom requested a new schedule that legomom cannot accommodate, and started to bring son for care without a new contract. The mom emailed with her new schedule for this week and promised one for next week. Legomom then termed care via email. (I hope I got it right.)
In my opinion, that means she is liable for two weeks, regardless of whether or not she uses it. Getting it may mean lego has to sue, though, so that's a judgment call on lego's part- she could just ask for a partial settlement and be done with it.
This mom is working on an old contract with no set end-date parameters. The mom requested a new schedule that legomom cannot accommodate, and started to bring son for care without a new contract. The mom emailed with her new schedule for this week and promised one for next week. Legomom then termed care via email. (I hope I got it right.)
In my opinion, that means she is liable for two weeks, regardless of whether or not she uses it. Getting it may mean lego has to sue, though, so that's a judgment call on lego's part- she could just ask for a partial settlement and be done with it.
Michael 05:16 PM 01-04-2011
I updated my comment: In my opinion that fact that she gave her an offer letter with a no contract mention leaves the ball with the parent. That letter is the current contract.
Cat Herder 05:33 PM 01-04-2011
Ugh, sticky situation. I would maybe offer to split the difference and hope she feels that is fair? IDK, I do it so rarely that I typically just call it even and their absence is payment enough for me....
Sorry, hun....did find something a tad bit helpful. A smile
Sorry, hun....did find something a tad bit helpful. A smile
Attached:
shitcreek.jpg (26.6 KB)
legomom922 05:35 PM 01-04-2011
Originally Posted by Catherder:
Ugh, sticky situation. I would maybe offer to split the difference and hope she feels that is fair? IDK, I do it so rarely that I typically just call it even and their absence is payment enough for me....
Sorry, hun....did find something a tad bit helpful. A smile
Ugh.........Ugh, sticky situation. I would maybe offer to split the difference and hope she feels that is fair? IDK, I do it so rarely that I typically just call it even and their absence is payment enough for me....
Sorry, hun....did find something a tad bit helpful. A smile
Guess I need the paddle.....
Michael 06:14 PM 01-04-2011
Originally Posted by Catherder:
Ugh, sticky situation. I would maybe offer to split the difference and hope she feels that is fair? IDK, I do it so rarely that I typically just call it even and their absence is payment enough for me....
Sorry, hun....did find something a tad bit helpful. A smile
Brilliant, love that photo!Ugh, sticky situation. I would maybe offer to split the difference and hope she feels that is fair? IDK, I do it so rarely that I typically just call it even and their absence is payment enough for me....
Sorry, hun....did find something a tad bit helpful. A smile