Contract Breach because of a Move?

[seashell]

I would just take the 2 weeks notice. Is it really worth mom bad mouthing you to others? In my opinion, it's a compromise and protecting your reputation is worth 2 weeks.

[missaimee]

I am not talking about public transit buses - those run all over the city. I am talking about her child's school bus, and she should have called them in early August. I lived on the south side of town, moved to the north side. There are several schools, and I doubted her child's school would bus the child to my new location.

And, I would like to point out that while I appreciate your advice, I had already posted that I spoke to a lawyer who is an expert on daycares, and that he confirmed moving voids my contracts, and that I would accept two weeks.

The easy answer to this question, that everyone seems to be skirting around, is yes.

Yes, moving will void your contract. Moving to a new location that is outside the reach of bus service is a material breach of contact. I base this on (1) I assume the contract contains the address of the facility, and if it does not, this is a breach of what constitutes a legal contract (2) your admittance that you knew she was relying on the bus system and (3) I have an inkling that any court would agree that location is a material factoring choosing a daycare.

It seems to me from your previous posts that you have already made up your mind about what you are going to do, even though you have already filled the empty position (“already have the child replaced, it is the principal of it.”).

If you want my advice, I would not advise pushing your luck in a case like this. No one can predict what will happen in court, but chances are very good that you will not get what you are after.

[missaimee]

No, you know what? If I signed and agree to something, I keep my word. If I tell my daycare provider that I am keeping my child at her daycare even after the move, and I don't bother to make a phone call, and I realize it won't work out after all, I pay her the 4 weeks I agreed to originally, or I make arrangements to have the child transported until the notice is up.

FYI - I offered to pick the child up from pre-school and bring her here until the notice was up, as a courtesy to this mother and because I loved the child.

Also, she didn't kindly offer to give me 2 weeks notice - she called me, rudely demanded I accept 2 weeks, and started threatening to pull her immediately and force me to sue her for the money she owes me. She turned into psycho mom, which shocked me because she'd been nothing but polite until this time. And, I had the option of staying in the old location for another month, forcing her to give me notice, and I chose not to do that.

AND, I told her I would think about whether I would accept two weeks notice. What I discuss on this board with people in my profession, I don't necessarily discuss with the parent. She knew nothing of the options I considered, only that I would consider 2 weeks.

Maybe I'm a hard ass, or maybe I'm just smart and I don't take any sh*t. Maybe everyone else on this board should quit complaining about being screwed over by parents, especially in regard to $$$, and take a stand. While you may be okay with allowing people to trample on you, and make constant concessions, I do not work that way. What's right is right, what's wrong is wrong, and there is very little gray area in between.

I am not sue happy nor money hungry. But I don't believe in taking advantage of a situation and weaseling out of one's obligations. I don't believe in agreeing to something, and then trying to get out of it at the last minute because of MY irresponsibility. I don't punish others for my mistake.

It amazes me that you would have been willing to risk a good relationship that you admittedly had with this family and word around the area that you are a "hard A&&" based on principle. Don't you fill your future spots mainly on word of mouth?
Sorry but that's just silly. My husband is an attorney. You seemed from your posts to be sue happy and money hungry but maybe that's just me?

[Unregistered]

No, you know what? If I signed and agree to something, I keep my word. If I tell my daycare provider that I am keeping my child at her daycare even after the move, and I don't bother to make a phone call, and I realize it won't work out after all, I pay her the 4 weeks I agreed to originally, or I make arrangements to have the child transported until the notice is up.

FYI - I offered to pick the child up from pre-school and bring her here until the notice was up, as a courtesy to this mother and because I loved the child.

Also, she didn't kindly offer to give me 2 weeks notice - she called me, rudely demanded I accept 2 weeks, and started threatening to pull her immediately and force me to sue her for the money she owes me. She turned into psycho mom, which shocked me because she'd been nothing but polite until this time. And, I had the option of staying in the old location for another month, forcing her to give me notice, and I chose not to do that.

AND, I told her I would think about whether I would accept two weeks notice. What I discuss on this board with people in my profession, I don't necessarily discuss with the parent. She knew nothing of the options I considered, only that I would consider 2 weeks.

Maybe I'm a hard ass, or maybe I'm just smart and I don't take any sh*t. Maybe everyone else on this board should quit complaining about being screwed over by parents, especially in regard to $$$, and take a stand. While you may be okay with allowing people to trample on you, and make constant concessions, I do not work that way. What's right is right, what's wrong is wrong, and there is very little gray area in between.

I am not sue happy nor money hungry. But I don't believe in taking advantage of a situation and weaseling out of one's obligations. I don't believe in agreeing to something, and then trying to get out of it at the last minute because of MY irresponsibility. I don't punish others for my mistake.

I apologize to you for my statement. I think if you had told us about the psycho Mom part, you would have gotten a much different response from all of us. The behavior she displayed as you relay it in the above message certainly gives a different perspective on the story and your reaction is much more understandable.

[Unregistered]

wow...

just thought I would check on the progress on this forum and have to say your bitterness and anger just proves that you have your foot in your mouth knowing that you screwed up. It is a shame that parents are subjecting their children to your care when they are unaware of who you truely are...hope you find happiness and also calm down a bit as you are caring for some very important people.

[Unregistered]

To all who posted on this forum:

This is “O’s” mother.

I must say that I stumbled upon this forum quite by accident, but I am not very surprised by what Miss Aimee has posted here. Her emails to me were full of hateful statements that she had no right in saying, and as a business professional (as she calls herself) should not be saying.

I hope that next time she decides to post something on a website such as this she will filter herself a bit more, as what she has said in her postings is in fact considered libel.

I also hope that in the future she can learn to maintain a business like manner when dealing with those she is involved professionally, as her behavior was substandard at best. I also hope that she learns from this experience and it helps her to grow professionally as she continues her career with children.

I have filed several complaints against her with the local Family Resource Center in our area on several different levels. I also know that at least one other parent has done the same.

I will certainly not be recommending her, but "O" and I wish her the best in her future both professional and personal.

~"A" & "O"~

[Unregistered]

To all who posted on this forum:

This is “O’s” mother.

I must say that I stumbled upon this forum quite by accident, but I am not very surprised by what Miss Aimee has posted here. Her emails to me were full of hateful statements that she had no right in saying, and as a business professional (as she calls herself) should not be saying.

I hope that next time she decides to post something on a website such as this she will filter herself a bit more, as what she has said in her postings is in fact considered libel.

I also hope that in the future she can learn to maintain a business like manner when dealing with those she is involved professionally, as her behavior was substandard at best. I also hope that she learns from this experience and it helps her to grow professionally as she continues her career with children.

I have filed several complaints against her with the local Family Resource Center in our area on several different levels. I also know that at least one other parent has done the same.

I will certainly not be recommending her, but "O" and I wish her the best in her future both professional and personal.

~"A" & "O"~

Oh my! I think this is a joke. This is not O's mother.

[Unregistered]

No joke, this is defiantly she.

I was Googling contracts and such at the beginning of this "situation" and the first Google result was this forum.

I have been watching the progress on here while dealing with the situation firsthand as well.

Now that I Aimee and I have come to a "mutual agreement" of sorts, I decided to post.

~"A"~

[Former Teacher]

Haha!

Oh my! I think this is a joke. This is not O's mother.

I TOTALLY agree! If they really had ANY decency, they would have registered. Or maybe it's perhaps Miss Aimee herself! Now that WOULD be something!

[Michael]

FYI: The IPs are different. Not the same location.

[Chickenhauler]

My daycare is a profitable business, and I run it as such. I am not just trying to earn some extra cash. If I was a printing company, or paint company, or any other company, and I moved to a new location, my contracts wouldn't be voided and my clients wouldn't be able to weasel out of them. Why should I reward her irresponsibility? If I make an exception this time, I'll have to do it every time.

Yes, yes it would void the contracts if your customer was unable to get the product to/from you due to your new location, or if that move put a hardship upon your customers, they would be able to break the contract because of this.


For example, say you ran a vehicle repair business, and had a contract with a fleet to do their maintenance. You moved 10 miles farther away, making it a hardship for them to drop their vehicles off for repair. Any judge would see that their reason wasn't just to get out of the contract, but due to the move, there was a hardship placed upon them that was not of their making.

[Chickenhauler]

FYI: The IPs are different. Not the same location.

IP's are not permanent. Check your IP, turn off your modem and reset it, then power it back up. Now check the IP. It will be different.

I'm in Walcott IA right now (if I'm lyin, I'm dyin).....my IP says I'm in Greenville PA.

[Unregistered]

IP address are either dynamic or static. There are only so many different IP addresses to go around, so every time you log on to the internet, your computer is assigned a different IP address.

I'm not sure what type of proof you would like me to offer that would validate my identity.

I have never logged on to this site before, nor do I feel it necessary at this time to create a user ID when I have no intention on posting on any other forum other than this one that specifically involves me.

Any suggestions, other than just taking my word for it?

~"A"~

[sweetcinna]

To all who posted on this forum:

This is “O’s” mother.

I must say that I stumbled upon this forum quite by accident, but I am not very surprised by what Miss Aimee has posted here. Her emails to me were full of hateful statements that she had no right in saying, and as a business professional (as she calls herself) should not be saying.

I hope that next time she decides to post something on a website such as this she will filter herself a bit more, as what she has said in her postings is in fact considered libel.

I also hope that in the future she can learn to maintain a business like manner when dealing with those she is involved professionally, as her behavior was substandard at best. I also hope that she learns from this experience and it helps her to grow professionally as she continues her career with children.

I have filed several complaints against her with the local Family Resource Center in our area on several different levels. I also know that at least one other parent has done the same.

I will certainly not be recommending her, but "O" and I wish her the best in her future both professional and personal.

~"A" & "O"~

OOPPS! I guess this just goes to show you just never know who may be watching! Sometimes that "matter of fact" and "Its my opinion and and i don't care if you like it" adittude can turn around and bite ya right in the behind!
My opinion........I hope this is "O" mother.....She has come across on this board as a .......well....."know it all." I don't like to talk about anyone in a negitive manner, but when you cont. to attack someone after they have asked you to stop (mac60), i consider that a bully!

[mac60]

IP's are not permanent. Check your IP, turn off your modem and reset it, then power it back up. Now check the IP. It will be different.

I'm in Walcott IA right now (if I'm lyin, I'm dyin).....my IP says I'm in Greenville PA.

This is what I have been told also about IP's , there are ways to change them. They are not permanent. Also, I would think you could go to different locations and post and the ips would be different too. Like library, college, etc.

There are even places to go to "hide" your ip addy, like Zen is one of them.