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Old 04-29-2019, 10:14 PM
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Alia Alia is offline Member
Join Date: Apr 2019
Posts: 7
Default Contract Question

I have a sticky situation. I signed a contract for a DCP which stated her hours were Monday-Friday. We only need 3 relatively short days per week but I'm comfortable paying full time to secure her spot. However, each week, the DCP has actually only been available 2-4 days, some of which are not the days we need, leaving us trying to find alternate care, but we have still been paying for full time. Most weeks my daughter only attends 2 days because the days we need her she isn't available.

The DCP gave one week notice one time, but other than that she tells us the night before typically. She also has been taking my child on errands, doctor appointments for her grown children, or to meet friends (and not even tell us) about half of the days she is available. I've expressed that I don't feel comfortable with this, and she has days we don't need her each week she could do these things.

Tonight was the last straw when she wanted to drive our child half of the day tomorrow to an appointment far away for her 20 year old. I don't feel comfortable having my daughter driven around all the time. I tried to negotiate and ask if we could bring my daughter after the appointment and she could keep her 2 hours after her normal closing time of 4pm in return. She said no because that's not part of the contract. We decided to pull my daughter rather than have her be driven all over this week.

She is demanding 2 weeks of pay as per the contract. I already paid her today for this week and she said that does not count. I think that since she has breached her contract with her limited availability and daycare on wheels the contract is null and void and I should not have to pay. She also recently adopted a pit bull that is constantly trying to jump on my 2 year old and follows no commands whatsoever. It's just all around a bad situation and I'd rather not work than bring her over another day. Am I in my right to refuse to pay due to unsafe conditions and her breaches of contract? I've used multiple daycares over the years with my children and have never experienced anything like this so I'm just a little confused on what to do. I feel like I've been taken advantage of enough already. Thank you.
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