Tom I Need Your Help Re: A Contract! ASAP!

[legomom922]

This is a complicated topic. I think the simplest way to answer this is to say that if you are changing hours or days in a contract with a parent you should give that parent as much notice before the change goes into effect as you would have to give the parent if you were going to terminate the contract.

So, if you were required to give the parent a 2 week notice to end the contract, give the parent a 2 week notice when you want to change the days and hours.

Next, I think the best way to handle a contract when the parent hours and days are subject to so much change is to state in the contract the days and hours you are open (M-F; 7am-6pm) and then state that the exact days and hours the child will come will be determined based on a separate written schedule that is signed by both parent and provider. If either one doesn't like what the other is doing (ie. parent demanding too many changes, or provider demanding reduced hours or days that the parent doesn't like) then either party can terminate the agreement.

I believe the parent treated you badly in your situation and they owe you the money.

To prevent a parent leaving owing you money I recommend that all providers require the parent to pay in advance for the last two weeks of care (at least). This is due upon enrollment. You can set up a payment plan with the parent. If the parent hours and days always change, come up with an average amount of payment in a week and require two weeks of this amount in advance.

I am no lawyer but have been through several law suits and small claims. I retain lawyers for my businesses.

You wrote: "told her in my offer letter that I was currently providing care without a contract"

IMO, the other party may show the judge your last letter which states a no contract arrangement. If she presents that in small claims the judge may find your letter supports that new arrangement. I believe it will help the parent in justifying her not paying the two weeks since her new arrangement/agreement does not mentiont it.

I would be interested in finding out how the judge rules in small claims. They usually lean toward the individual since many people have little recourse/funds against a business.

If she bings that letter to small claims she may have it her way it all depends on the judge.

I did tell Tom that in my post at the top of this page, and he said I didn't put my foot in my mouth. I am assuming, and Tom can correct me if I am wrong here, that because the letter was not a arrangment nor a agreeement, and there were no signatures with anybody agreeing to anything, that the last signed contract would trump anyway.

Hopefeully Tom will set us straight here about that.

[TomCopeland]

Contract

Maybe I'm getting lost in the weeds - but - A written contract is only binding if both parties sign it. Any change to a written contract needs to be signed by both parties. So, if you have a written contract and suggest to the parent that you want to make changes and the parent doesn't sign anything, you don't have a new contract.

Look to the last signed contract. That's the agreement that can be enforced in court.