Legal Question in Credit and Debt Law in Missouri

Re: Fired babysitter without 2 weeks notice

She might win, but it would depend on the contract. Your position should be that she breached her contract by cancelling twice before. You viewed the issue as one of the safety of your children, and took such action as was necessary.

Although a lawyer could not threaten prosecution in order to gain concessions, the fact that the sitter took in work during a time when her license was not active gives you a claim against her for recovery of all of the fees you paid during the time that she had no license. You can bring this claim as a "counterclaim" if she sues you in small claims court. Of course, if she takes you to court to collect money and she knows this issue is out there, and that she might have to admit under oath that she took in kids when she had no license, there is a chance she might reconsider the wisdowm of suing since if she admitted that the state might close her down for good.

Good luck,

Re: Fired babysitter without 2 weeks notice

She probably would not prevail if you raise, as a defense, the illgaility of her taking in (certain #) of kids when her license had expired, and the doctrine of "unclean hands." One cannot ask a court to enformce an illegal contract. If, however, the number of children she was watching did not trigger her statutory duty to get a license, that defense may not work.

As you state it, she prepared a contract that said two seeks notice, She then breached that condition twice. She then proposed a new contract, which you declined. If I understadn that correctly, you may raise waiver as a defense to any claim for two weeks of damages. You are not obligated to accept a new deal. If you did not accept it, then you are not bound by the new deal. If you forgot to stae in your fact description that you sogned the new contract, you might be bound by it, even though she had breached the previous one.

Good Luck