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    mominPA's Avatar
    mominPA Posts: 6, Reputation: 1
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    #1

    Sep 21, 2007, 04:59 AM
    Being taken to court, how to prepare?
    I'll try to make the long story shorter...

    My children were being cared for in a family daycare setting. I had a 2+ year relationship with the care provider, when she was watching my 1st son and had only 3 kids or so in her care. FF to my second son - her daycare had grown in size - and she seemed stressed. I would drop my baby off (6 months old) and she would call an hour later saying that I needed to come get him because he was crying. This happened about once a week. I finally asked her if she was too stressed out and she said that when three of her families had babies, she couldn't say no to any of them. I began exploring alternative daycare options.

    Finally things reached a breaking point when she gave my child Tylenol without my permission, left him unattended while she packed her car for vacation, and drove away from her house before I even had the baby in the car (all in the same day). She was on vacation for a week, and we took our planned vacation the following week. I was so distressed by the situation that while on vacation, my husband and I decided that I would quit work while I looked for another child care. When we returned from vacation, I called the daycare provider and told her my children would not be returning. She demanded to be paid for two weeks' severance pay and I told her I would see if I could manage it.

    She showed up at my house 2 days later demanding the money. My husband was home and he told her no way was she getting any more money from us.

    She filed a civil action for 3 weeks' worth of pay for "services rendered." We had no written agreement. I really don't think she has a legal leg to stand on, but what do I need to do to prepare for this hearing?

    Thanks!

    ETA: I did pay her for all of the days that the children were in her care. The money she is demanding is for 3 weeks' worth of "scheduled time" that we were not there.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Sep 21, 2007, 05:46 AM
    If there was no written agreement, then she doesn't have a leg to stand on. She is only entitled to be paid for services rendered or booked. You need to bring into court proof of your payments to her.
    mominPA's Avatar
    mominPA Posts: 6, Reputation: 1
    New Member
     
    #3

    Sep 21, 2007, 07:31 AM
    Quote Originally Posted by ScottGem
    If there was no written agreement, then she doesn't have a leg to stand on. She is only entitled to be paid for services rendered or booked. You need to bring into court proof of your payments to her.

    So a standing arrangement for certain days of care will not count as services booked? I don't get how she can arbitrarily decide that I owe her for 3 weeks.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Sep 21, 2007, 07:35 AM
    Unless there was an agreement that you would have to give sufficient notice before terminating the arrangement, she can't hold you to anything.

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