Legal Question in Business Law in Missouri

I'm being sued for breach of contract. My daughter was attending a facility and I had encountered several problems. All together there were 14 different Missouri licensing code violations.

The last straw was when I picked up my daughter one day and she was dressed in another child's clothes and the other child was dressed in her clothes. I asked her teacher about it and she told me she had no idea why she was dressed that way and that she was the only one who was with her and she didn't do it. So I asked the director who told me she had done it because she took their clothes off for lunch because they were having tacos and it was messy. She said that she re-dressed my child according to what her teacher said to put on her. I let her know I had a problem with this because she shouldn't have been undressed for lunch in the first place and it bothered me that no one had been paying close enough attention to my 2-year old to know what she was wearing. She offered me no explaination other than "she stresses facial recognition".

Later that day, another teacher at that daycare who is a friend of mine called me to tell me that my child's teacher was retaliating against my child for my going to the director. So I pulled her from daycare that day. The director was not there when I arrived so I left her a note to let her know my child would not be coming back. Now she is taking me to small claims court for not 2 weeks worth of fees for not giving her 2 weeks notice. Don't I have the right to pull my child immediately for a valid reason? Does this qualify?


Asked on 2/25/10, 12:19 pm

1 Answer from Attorneys
Anthony Smith LawSmith

It sounds like there may be some serious problems at this care facility. You shoudl probably bring these problems to the attention of the authorities and use your explanation and documentation of the problems as a defense to the small claim case that is being brought. You might even bring a counterclaim for failure to provide the supervision and care that you contracted for.

Good luck

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Answered on 3/02/10, 12:58 pm


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