Daycare.com Forum Force of Nature Disinfectant

Go Back   Daycare.com Forum > Main Category > Daycare Center and Family Home Forum

Daycare Center and Family Home Forum Daycare Center and Family Home owners, Directors, Operators and Assistants should post and ask questions here.

Reply
 
Thread Tools Display Modes
  #1  
Old 01-04-2011, 04:26 PM
legomom922's Avatar
legomom922 legomom922 is offline
Advanced Daycare.com Member
 
Join Date: Jul 2010
Location: FL
Posts: 1,021
Default Contract Expert Needed! Question Please

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!

Last edited by Michael; 01-04-2011 at 04:57 PM.
Reply With Quote
  #2  
Old 01-04-2011, 04:28 PM
missnikki's Avatar
missnikki missnikki is offline
Advanced Daycare.com Member
 
Join Date: Mar 2010
Location: Orange County, CA
Posts: 1,037
Default

See my response in the other thread.
Reply With Quote
  #3  
Old 01-04-2011, 04:54 PM
Michael's Avatar
Michael Michael is online now
Admin & Owner-Daycare.com
 
Join Date: Aug 2007
Location: Moorpark CA, Ocean Ridge, FL
Posts: 7,488
Default

Quote:
Originally Posted by legomom922 View Post
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.

Last edited by Michael; 01-04-2011 at 05:11 PM.
Reply With Quote
  #4  
Old 01-04-2011, 05:11 PM
legomom922's Avatar
legomom922 legomom922 is offline
Advanced Daycare.com Member
 
Join Date: Jul 2010
Location: FL
Posts: 1,021
Default

No. Her new hrs took effect as of this week, and she was termed today, so no time for a new contract.
Reply With Quote
  #5  
Old 01-04-2011, 05:14 PM
missnikki's Avatar
missnikki missnikki is offline
Advanced Daycare.com Member
 
Join Date: Mar 2010
Location: Orange County, CA
Posts: 1,037
Default

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.
Reply With Quote
  #6  
Old 01-04-2011, 05:16 PM
Michael's Avatar
Michael Michael is online now
Admin & Owner-Daycare.com
 
Join Date: Aug 2007
Location: Moorpark CA, Ocean Ridge, FL
Posts: 7,488
Default

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.
Reply With Quote
  #7  
Old 01-04-2011, 05:33 PM
Cat Herder's Avatar
Cat Herder Cat Herder is offline
Advanced Daycare.com Member
 
Join Date: Dec 2010
Posts: 12,468
Default

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
Attached Images
File Type: jpg shitcreek.jpg (26.6 KB, 18 views)
Reply With Quote
  #8  
Old 01-04-2011, 05:35 PM
legomom922's Avatar
legomom922 legomom922 is offline
Advanced Daycare.com Member
 
Join Date: Jul 2010
Location: FL
Posts: 1,021
Default

Quote:
Originally Posted by Catherder View Post
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......... Guess I need the paddle.....
Reply With Quote
  #9  
Old 01-04-2011, 06:08 PM
kendallina's Avatar
kendallina kendallina is online now
Advanced Daycare.com Member
 
Join Date: Jul 2010
Location: Ohio
Posts: 1,639
Default

It seems to me that your earlier contract might technically be valid, however, she gave you the hours she needed Dec 22 and you are just now telling her that you cannot accommodate those hours?? That must have put her in quite a predicament and I don't think it'd be fair to ask her to pay the last two weeks payment now...

Maybe I'm misunderstanding something...
Reply With Quote
  #10  
Old 01-04-2011, 06:14 PM
Michael's Avatar
Michael Michael is online now
Admin & Owner-Daycare.com
 
Join Date: Aug 2007
Location: Moorpark CA, Ocean Ridge, FL
Posts: 7,488
Default

Quote:
Originally Posted by Catherder View Post
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!
Reply With Quote
  #11  
Old 01-04-2011, 06:33 PM
legomom922's Avatar
legomom922 legomom922 is offline
Advanced Daycare.com Member
 
Join Date: Jul 2010
Location: FL
Posts: 1,021
Default

Quote:
Originally Posted by kendallina View Post
It seems to me that your earlier contract might technically be valid, however, she gave you the hours she needed Dec 22 and you are just now telling her that you cannot accommodate those hours?? That must have put her in quite a predicament and I don't think it'd be fair to ask her to pay the last two weeks payment now...

Maybe I'm misunderstanding something...
She gave me a schedule on a blank calendar for 4 months and wrote the name of her son on the days she needed care, and on other days she had written "maybe" so it was not real clear what days she really needed care on, or weather it was 3, 4, or 5 days... To make this worse, she had written times in on this calendar for only 2 days of the whole month of January! Her days had also changed from being Mon, Thurs, Fri, to Mon, Wed, Thurs.

I also just want to correct, she gave this to me on Dec 23, not the 22, and then of course the holiday came and I was on vacation from Dec 24- until yesterday went and then I finally had time to sit down and review what she had given me. It was clear that this was not going to work so I sent her an offer letter on Dec 29. So it has been brewing ever since.
Reply With Quote
  #12  
Old 01-04-2011, 06:39 PM
legomom922's Avatar
legomom922 legomom922 is offline
Advanced Daycare.com Member
 
Join Date: Jul 2010
Location: FL
Posts: 1,021
Default

Tom answered my question on the Taxes board. Check out what he had to say!
I'm relieved!
Reply With Quote
  #13  
Old 01-04-2011, 07:54 PM
Abigail's Avatar
Abigail Abigail is offline
Child Care Provider
 
Join Date: Jul 2010
Location: North Dakota
Posts: 2,414
Default

I have not checked out your answer, but if your last contract didn't have a "This contract is valid this date to this date" you should be able to get your last two weeks of pay. The schedule doesn't change either because you need to sign and agree to the changed hours. It's not in her court, at least from what I've gathered so far. Now I'll go search for Tom's post,
Reply With Quote
  #14  
Old 01-04-2011, 08:51 PM
legomom922's Avatar
legomom922 legomom922 is offline
Advanced Daycare.com Member
 
Join Date: Jul 2010
Location: FL
Posts: 1,021
Default

You must have read Toms contract book!
I dont have that one yet, but it's on my list, as now I will be changing more things in my contract...again...
Reply With Quote
Reply

Tags
contract

Thread Tools
Display Modes

Posting Rules
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Serious Question - Home Daycare Providers, Opinions/Advice Needed Hunni Bee Daycare Center and Family Home Forum 9 06-25-2012 10:45 AM
My Contract For You To Read... Abigail Daycare Center and Family Home Forum 9 01-03-2011 10:06 AM
Contract Question tenderhearts Daycare Center and Family Home Forum 12 08-12-2010 07:18 AM
Opinions Needed on Change to Contract AfterSchoolMom Daycare Center and Family Home Forum 4 07-27-2010 01:48 PM
Waiver Question For My Summer Contract AfterSchoolMom Daycare Center and Family Home Forum 2 01-26-2010 06:09 AM


All times are GMT -7. The time now is 02:44 PM.



Daycare.com         Find A Daycare         List Your Daycare         Toys & Products                 About Us

Daycare.com
Please read our Disclaimer before continuing.

Topics pertain mainly to the following States:

Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming