Temination Due To Transportation W/Out Permission

[AfterSchoolMom]

She was in the wrong for transporting without permission and for the amount of notice given, as usually the whole game schedule is given out all at once.

However, you were aware of the situation and therefore should have made arrangements with your boss way ahead of time (in February when you signed up with her) for this to happen, or you could have found someone to pick up your child on game days, or you could have found someone else to care for your child that did not have this issue.

Was the provider made aware at the time that you signed up with her of your company's policy on asking for time off?

Was this was the first game of the season? It's very possible that they just got the schedule, and gave you what notice they could.




I'm not saying that she's totally at fault or that you are - it seems like neither of you were proactive enough in the beginning. This should have been worked out well before the beginning of baseball season.

Now I think that the two of you need to talk this through before you move forward.

[Blackcat31]

If there was no written agreement in regards to this, the provider is still the one in the wrong.

A provider cannot just transport a child without written permission if the requires it.

[AmyKidsCo]

Im not sure what state you're in, but our state paperwork has a consent written right into it.

(Clarification: the paperwork has a place where parents check to give consent or deny permission for transportation.)

My opinion is that it was wrong for the provider to transport your child without your permission. Period. She should've stayed home with your child then either given you a warning, terminated care, or whatever, but she shouldn't have taken your child.

[Blackcat31]

(Clarification: the paperwork has a place where parents check to give consent or deny permission for transportation.)

My opinion is that it was wrong for the provider to transport your child without your permission. Period. She should've stayed home with your child then either given you a warning, terminated care, or whatever, but she shouldn't have taken your child.

It doesn't matter what the parent should or shouldn't have done.

The provider has laws and regulations she MUST follow and if the law in the OP's state says a signed permission slip is required to transport, the provider broke the law.

The parent didn't break any laws.

[AfterSchoolMom]

I wasn't trying to say that the OP was wrong in that. It just seems to me like there was a lot of confusion over the transportation that should have been worked out before this child ever started in the first place.

I agree that she is definitely in the wrong for transporting without permission. If I were the OP, I'd be livid.

Does that void the rest of the contract, though?


Maybe I should have stayed out of this one, I've got contracts and permission slips on the brain today and I'm all confused.

[Blackcat31]

I wasn't trying to say that the OP was wrong in that. It just seems to me like there was a lot of confusion over the transportation that should have been worked out before this child ever started in the first place.

I agree that she is definitely in the wrong for transporting without permission. If I were the OP, I'd be livid.

Does that void the rest of the contract, though?


Maybe I should have stayed out of this one, I've got contracts and permission slips on the brain today and I'm all confused.

Personally, I think it does void the contract. It has to do with safety

That's why I think it's important to have everything in writing.

I think the parent should absolutely have had back up plans or some other plan in place for this but not doing so wasn't illegal kwim?

The provider is held to the laws before a parent is held to what's ethically right or wrong.

[AmyKidsCo]

Personally, I think it does void the contract. It has to do with safety

That's why I think it's important to have everything in writing.

I think the parent should absolutely have had back up plans or some other plan in place for this but not doing so wasn't illegal kwim?

The provider is held to the laws before a parent is held to what's ethically right or wrong.

ITA it voids the contract.

[NeedaVaca]

The provider is at fault for transporting. That being said, I'm curious since you liked her, your child liked her, the price was right, you knew about the early pick ups for games, why didn't you sign the form to allow her to transport in a situation where you couldn't get off work in time?

[Heidi]

ITA it voids the contract.

My understanding is; it only voids the contract if it was part of the contract. I just read up on this the other day when there was another contract discussion. OP said it WAS part of the contract, though.

So, even if you (we dcp's) violate our policies or the state regs, it does not breach the contract. Violating the regs would mean the parent can call licensing, but it would not affect their obligation to the contract.

If we (as providers) violate the contract, THEN it breaches the contract, and the parent can walk away.

That's why our contract should only involve finances. Costs, late fees, days off, etc. It should never have policies unrelated to finances, permission slips, etc.
Maybe Tom could chime in on this? I know he'll know!

[makap]

The provider is at fault for transporting. That being said, I'm curious since you liked her, your child liked her, the price was right, you knew about the early pick ups for games, why didn't you sign the form to allow her to transport in a situation where you couldn't get off work in time?

I wonder the same thing.

If everything else is great why would you not not allow her to take your child?

[Blackcat31]

My understanding is; it only voids the contract if it was part of the contract. I just read up on this the other day when there was another contract discussion. OP said it WAS part of the contract, though.

So, even if you (we dcp's) violate our policies or the state regs, it does not breach the contract. Violating the regs would mean the parent can call licensing, but it would not affect their obligation to the contract.

If we (as providers) violate the contract, THEN it breaches the contract, and the parent can walk away.

That's why our contract should only involve finances. Costs, late fees, days off, etc. It should never have policies unrelated to finances, permission slips, etc.
Maybe Tom could chime in on this? I know he'll know!

Why then would the provider have given the parent a permission slip to sign then?

Plus most states require providers to have additional insurance policies/coverages if they transport kids.

I can't imagine who would have been liable had there been an accident with the OP's child in the car and the provider driving....

[kelliott]

yes i did.. in fact, she texted me and said that i did not approve transportation therefore i would need to pick him up early.. and it was the DAY OF the game in which case i could not just tell my boss i wanted to leave

[Cradle2crayons]

yes i did.. in fact, she texted me and said that i did not approve transportation therefore i would need to pick him up early.. and it was the DAY OF the game in which case i could not just tell my boss i wanted to leave

Kelliot.... I'm curious as the others.... Was there a particular reason you didn't approve her to transport?

[Heidi]

Why then would the provider have given the parent a permission slip to sign then?

Plus most states require providers to have additional insurance policies/coverages if they transport kids.

I can't imagine who would have been liable had there been an accident with the OP's child in the car and the provider driving....

If she had her sign a permission slip, or in this case, the parent refused, it does not void the contract. If she had it ON her contract (which is what I got from OP), and the parent refused (or checked the "no" box?), then...the provider violated her own contract, thus breaching the contract.

As for the liability, boy oh boy, that provider transporting without any sort of permission would definately cause her a liability if anything happened! No question there.

I'm sure every state's contract law is a little different. I just looked more, and it seems that CA, for example, has different rules than WI when it comes to contract law. I'm thinking the parent needs to consult with an attorney to find out if she is legally obligated to pay the 4 week notice....

[kelliott]

ok.. that info helped a bit.. let me ask you this then, if i pay her what is stated in the contract(4 weeks of care whether he is there or not).. would the fact that she took my child in a vehicle without permission still be something for me to stand on as far as her licensing goes?

i really don't agree with it and think it was wrong of her to do..i have no doubt that if she were to have given me more advanced notice, i would have been able to work something out..but the attitude she is giving me and the way she is responding is so childish and uncalled for, i need something that will make her see it from my perspective and be reasonable.