Legal Question in Employment Law in Louisiana

I hired a sitter for my 2 daughters. We had a verbal agreement of payment. I was very unhappy with her services as she neglected to change diapers, kept my child in time out for insane reasons (because she did not know the difference between a purpose or an accident). The first day was ok as when I picked them up, the house was decently cleaned and my kids were happy. The second day, it was over 80 degrees in the house, and stunk of dog urine from their 3 indoor dogs that are supposed to be locked up. Third day, and final day I picked them up, again the house temp was over 80 degrees (my kids were soaked in sweat) and the baby had not been changed in hours, as her clothing was soaked in urine and bowels. I am not sending them back! She still expects full payment, or threatened to sue me. Can she sue?


Asked on 4/07/11, 8:07 pm

1 Answer from Attorneys
Willard Brown, Sr.

Yes, she can sue you. However, your verbal contract will be problematic, in that, there is no specified agreement to her duties, the amount she will be paid in the performance of said duties and the cause and effect for breach of said duties.

Further, should you agree to any services verbally, it will better serve your interest to have the agreement reduce to writing. Be secure to include all conditions of the agreement and reasons for terminating services.

In closing, it appears that her suing you will be a waste of time, as there will be no evidence to support a breach of contract. The fact that you dropped off your kid(s) to her home suggest that there is some type of an agreement but the terms of the agreement will amount to your word against hers. I believe that if she were to sue you, the court may take the position of dismissing the matter for lack of asscent (meeting of the minds).

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Answered on 4/12/11, 12:31 pm


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