Daycare.com Forum Daycare Forum

Go Back   Daycare.com Forum > Parents and Guardians Forum

Parents and Guardians Forum Parents and Guardians should post and answer questions here.

Reply
 
Thread Tools Display Modes
  #1  
Old 01-28-2021, 09:53 PM
Unregistered
Guest
 
Posts: n/a
Exclamation Breach of Contract?

The daycare I send my child to has modified their hours due to Covid. They have cut 1 hour in the morning as well as 1 hour in the evening. Itís been almost a year and they havenít changed back to original timings. The time is not working out for us as both of us have to commute. Their original contract that we signed says the time pre Covid (6.30am to 6pm) even though they are only operating 7.30am to 5pm. They keep promising that they will extend the time but they donít. I found another daycare with extended hours that can take her but she needs to start next week or her current place will charge us for the month. Can we leave without giving notice? If they are not sticking to the hours, are they in breach of contract?
Reply With Quote
  #2  
Old 01-28-2021, 10:24 PM
284878's Avatar
284878 284878 is offline
Day Care Owner
 
Join Date: Oct 2013
Location: Next door
Posts: 2,188
Default

Quote:
Originally Posted by Unregistered View Post
The daycare I send my child to has modified their hours due to Covid. They have cut 1 hour in the morning as well as 1 hour in the evening. Itís been almost a year and they havenít changed back to original timings. The time is not working out for us as both of us have to commute. Their original contract that we signed says the time pre Covid (6.30am to 6pm) even though they are only operating 7.30am to 5pm. They keep promising that they will extend the time but they donít. I found another daycare with extended hours that can take her but she needs to start next week or her current place will charge us for the month. Can we leave without giving notice? If they are not sticking to the hours, are they in breach of contract?
I don't feel that change of hours is a breach of contract.

What does the contract say about giving notice? Most providers ask for 2-4 week notice. Please check the contract for notice requirements.
Reply With Quote
  #3  
Old 01-29-2021, 05:30 AM
Cat Herder's Avatar
Cat Herder Cat Herder is offline
Advanced Daycare.com Member
 
Join Date: Dec 2010
Posts: 13,752
Default

It would depend on the notice you are supposed to give per the contract. There is no current breach because you were given notice, accepted it, and continued to attend. COVID is still here.

I would not be willing to offer those long hours, again, either. That is a lot of time for a little kid to be in a noisy environment without personal space every day; if they are there open to close. 10 hours is the absolute max here for developmental reasons.

I'd just want to know when her last day would be so I could let the next family on the wait list know they can start.

The most common scenario is that if you give no notice, you may lose your deposit. Some still have to pay the two week notice if they did not pay up-front.
__________________
- Unless otherwise stated, all my posts are personal opinion and worth what you paid for them.
Reply With Quote
  #4  
Old 01-29-2021, 01:42 PM
Jo123ABC's Avatar
Jo123ABC Jo123ABC is offline
Daycare.com Member
 
Join Date: Feb 2018
Location: U.S.
Posts: 430
Default

You want to leave your kid in daycare for 11 and a half hours per day? I also would say they are not breaching contract considering you agreed to the special pandemic circumstance change. If your policy requires notice of more than 1 week, you should honor it.
Reply With Quote
  #5  
Old 01-29-2021, 08:02 PM
Unregistered
Guest
 
Posts: n/a
Default

They changed their hours when covid hit and kept promising they would extend and never have. If you promise something and then don't do as you as you say, then parents are going to be unable to trust you. I agree with the parents having to find new care because they felt like they were having promises being broken
Reply With Quote
  #6  
Old 01-30-2021, 11:48 PM
Jo123ABC's Avatar
Jo123ABC Jo123ABC is offline
Daycare.com Member
 
Join Date: Feb 2018
Location: U.S.
Posts: 430
Default

Whatever makes you sleep better at night. I know I wouldn't ....if I knew I spent the bare minimum amount of time with my child and thought it was acceptable to leave someone who spends far more time raising them than I do without a paycheck without notice.
Reply With Quote
  #7  
Old 01-31-2021, 09:02 AM
Blackcat31's Avatar
Blackcat31 Blackcat31 is offline
 
Join Date: Oct 2010
Posts: 19,760
Default

As a provider I have tried my best to adhere to rules imposed upon me by licensing due to how the state and federal government says we must. Itís not always up to me.

Iíve changed policies and routines numerous times during this pandemic and none of those changes were my idea.

This pandemic is causing issues for everyone..

My advice is instead of blaming the child care for not meeting YOUR needs why not see their point if view and try to understand they are looking out for you/your family health but instead youíre worried about not being able to keep your child in care for super long days...

Iím so over the entitlement and selfishness of parents during this pandemic.

Pay your old provider the two week notice and move along.
Reply With Quote
  #8  
Old 01-31-2021, 01:20 PM
e.j.'s Avatar
e.j. e.j. is offline
Daycare.com Member
 
Join Date: Dec 2010
Posts: 3,681
Default

I'm not sure about a breach of contract. The others have made a good point when they say you were notified of the change in hours and continued to bring your child there. I also understand that the hours may not work for you since your jobs come with a commute time that makes it difficult to keep your child enrolled at the same day care but leaving without notice really isn't the right thing to do. Have you spoken with your provider and explained your situation? If a parent came to me under the same set of circumstances and respectfully asked if I would release them from the terms of the contract given the circumstances, I might do that or at least find a way to work with them that's fair to both of us. The pandemic has really caused problems for so many of us. Compassion and understanding on everyone's part can go a long way right now.
Reply With Quote
  #9  
Old 01-31-2021, 05:19 PM
Snowmom's Avatar
Snowmom Snowmom is offline
Daycare.com Member
 
Join Date: Jan 2015
Location: USA
Posts: 1,685
Default

I truly hope that child isn't in a facility 11.5 hours a day, 5 days a week. That's insane.

No, they didn't breach your contract if notice was given and you agreed (agreed=staying enrolled and using the service!!).

Pay the notice and move on.
Reply With Quote
  #10  
Old 02-17-2021, 12:02 PM
daycarediva's Avatar
daycarediva daycarediva is offline
Daycare.com Member
 
Join Date: Jul 2012
Posts: 11,543
Default

I have a 10 hour day/max on each child's contracted time.

We shortened hours due to the increased cleaning requirement. At that time, I gave families the option to leave or sign a new contract.

If you remained, you would most likely be contractually obligated to give notice or pay for the notice period if you leave early.
Reply With Quote
Reply

Tags
child advocate, contract - broken, contract - enforcement, long hours in care

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not 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
Breach of Contract??? What?? hgonzalez Daycare Center and Family Home Forum 25 03-22-2016 12:05 PM
Breach of Contract Jamie Daycare Center and Family Home Forum 3 06-29-2014 01:16 PM
Breach of Contract mnnaim2 New Members - Welcome to the Daycare.com Forum! 19 01-10-2014 11:48 AM
Breach of Contract or Small Claims Court? Razzledbrat Daycare Center and Family Home Forum 10 01-04-2014 07:17 AM
Breach of Contract tntsmom Daycare Center and Family Home Forum 9 03-05-2013 07:45 PM


All times are GMT -7. The time now is 04:32 AM.



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