Legal Question in Business Law in Maryland

Can my daycare provider sue me?

My daycare provider sent a text message stating that she would call parents on a Thursday night to notify if daycare was closed the next day to being at the hosp. with son. She never called, and my husband and i tried several times to contact her by her cell, house, husbands phone and text messages and we even stopped by her house and there was no answer or call back. She went all weekend and never called us and then monday asked if our son was coming to daycare and we told her we were pulling him out due to her not being reliable and contacting us to notify that daycare was closed. In our eyes she breached the contract. Now shes saying we owe her two weeks pay and that if we do not pay she will take us to court. Even though we signed a contract, is she in the wrong for not notifying us that daycare would be closed? Leaving it up to us to figure out what to do since we both have careers and have already missed several days of work because she has called out sick for her and her children. She also never had a backup provider like stated in her contract. Please help. Thanks.


Asked on 6/24/09, 7:03 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Can my daycare provider sue me?

She breached the agreement by failing to provide daycare per the contract or timely notice, so you had ample justification for cancelling the contract. I doubt she'll sue you for 2 weeks lost income.

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Answered on 6/24/09, 1:10 pm


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