Legal Question in Civil Litigation in Ohio

Replacement Fee

When I signed my child up for day care at a local day care facility I signed an agreement stating for a ''replacement fee'' of $2500 if I were to take one of their teachers. They have just fired a teacher that I would like to offer a job as my in-home nanny, would the contract I signed be null and void as they fired her and are not technically having to replace her under the ''replacement fee'' clause of my contract?


Asked on 4/24/07, 9:41 pm

1 Answer from Attorneys
David Davies Law Office of David H. Davies

Re: Replacement Fee

My general answer would be that since they fired this person, she is not working for them and you would not be taking one of their employees. It might be different if the person quit and then you hired her. They could claim that she quit so that she could work for you. Since they fired her you may be OK.

The contract that you signed may address this issue directly. If it does, it still may not be enforceable. In any event, You need to have an attorney look at the contract in order to get good advice on this question.

You also could check with the day care center and see if they have a problem with you hiring this person-or have the Nanny check.

Good Luck!

DHD

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Answered on 4/25/07, 8:17 am


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