daycare contract

[JBlanchard]

What is the name of your state (only U.S. law)? Massachusetts

I signed a contract when I put my daughter into a home daycare. In this contract it stated that I would need to give a two week paid notice of termination. A few weeks ago I called my provider to let her know I was going to be picking up my child that day from daycare. Her 12 year old daughter answered the phone and when I asked for the provider her daughter told me she was not home and that she was the babysitter and for me to please call back later. I took my child out of the daycare effective immediately. I had pre-paid a week in advance so my provider told me that I still signed a contract and had to pay the second week. I did not pay this. Am I legally obligated because I signed this contract or would I have a good reason not to given the fact that my child may have been left with a minor? That was not part of the contract I signed. I think she may be taking me to small claims court.

 

[Zigner]

Yes, you need to pay.

 

[Ozark_Sophist]

You should file a complaint with the state and consider a small claims suit to recover your prepaid week; certainly, if you are sued, you should file a counter claim for that week.

 

[Ozark_Sophist]

Yes, you need to pay.

Providers in Massachusetts are required to be 18 years old.

 

[Zigner]

The provider was over 18. The lady has no proof that the girl was watching HER child at that moment...etc.

The OP needs to pay.

 

[Ozark_Sophist]

The provider was over 18. The lady has no proof that the girl was watching HER child at that moment...etc.

The OP needs to pay.

No. OP does not need to pay because, by law, all workers must be at 18. Provider could potentially face criminal charges.

 

[Zigner]

No. OP does not need to pay.

Disagree - but hey, whatever.

 

[Just Blue]

What is the name of your state (only U.S. law)? Massachusetts

I signed a contract when I put my daughter into a home daycare. In this contract it stated that I would need to give a two week paid notice of termination. A few weeks ago I called my provider to let her know I was going to be picking up my child that day from daycare. Her 12 year old daughter answered the phone and when I asked for the provider her daughter told me she was not home and that she was the babysitter and for me to please call back later. I took my child out of the daycare effective immediately. I had pre-paid a week in advance so my provider told me that I still signed a contract and had to pay the second week. I did not pay this. Am I legally obligated because I signed this contract or would I have a good reason not to given the fact that my child may have been left with a minor? That was not part of the contract I signed. I think she may be taking me to small claims court.

When you IMMEDIATELY removed your child, and I am ASSuming that you left work that moment and picked your child up, was the contractual care provider there?

 

[swalsh411]

The child you talked to on the phone may have been confused or thought it was a joke. Have you determined that the person who was supposed to be watching your child was in fact not there?