OT: Does "Contract Law" Vary By State Or Is It Universal?

[LaLa1923]

I have a DCM who had their nasty bully of a lawyer call me and tell me I did not know contract law. That it doesn't matter what I put in my contract, it must follow the law.

DCM did not notify me of a late arrival and I went about my day. She shows up an hour later wanting to know why I wasn't home.

Long story short she terminated care bc I failed to fulfill the contract. She said since I wasn't home I broke the contract. I require 4 weeks notice to terminate care. Her lawyer said I wasn't entitled to it bc I broke the contact. It doesn't matter what I put in my contract, I am to be available during her contracted hours. This really does not make any sense to me.

Her lawyer said it doesn't matter what time she shows up or if she communicates about her drop off time. Basically she can do whatever she wants and show up whenever she wants.


Any insight tom?

Ty

[TomCopeland]

Contract

When a lawyer tells you that you are breaking the law, ask him to quote you the law you are supposed to be breaking. Unless your contract says you will be in your home every minute of every day for the hours you are in business, you are fine. There is no such law that he claims there is.

I'm guessing she is just looking for a way to not pay for her notice. I'd send him a letter asking for a citation of the law he's referring to. He won't be able to come up with anything that is relevant to your situation.

You can either threaten to take the parent to court or drop the matter. I always recommend getting parents to pay at least the last 2 weeks of care up front. If they can't pay it all at once they can pay a little extra each week.

[LaLa1923]

Yes, I will do this in the future for sure. I've had a few parents call me for care bc other providers wanted a deposit and they couldn't afford it. That is why I changed my notice to one month.


Thank you!!