Contract Expert Needed! Question Please

[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!

[missnikki]

See my response in the other thread.

[Michael]

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.

[legomom922]

No. Her new hrs took effect as of this week, and she was termed today, so no time for a new contract.

[missnikki]

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.

[Michael]

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]

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

[legomom922]

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......... Guess I need the paddle.....

[kendallina]

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...

[Michael]

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!

[legomom922]

Originally Posted by kendallina

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.

[legomom922]

Tom answered my question on the Taxes board. Check out what he had to say!
I'm relieved!

[Abigail]

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,

[legomom922]

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...