Legal Question in Business Law in Oregon

Not following thru on contract

I run a small daycare and recently gave one family a two week notice. They called me to say they wouldn't be using me for the two weeks and refuse to pay. All my contract states is ''This contract may be terminated by either parent/guardian or provider by giving 2 weeks written notice.''. When I read that back now, it sounds like there is no other way to terminate it but by doing that, so they couldn't just decide one day to leave and not pay two weeks. They are claiming they didn't like the care I was giving their son because he recently had acquired a diaper rash (which babies are known to do) and for that reason should not have to pay me. Would I have a leg to stand on in small claims court to collect for the two weeks I offered them? I know I gave their child great care but is a judge going to think they have right to not pay me since they weren't happy (conveniently enough right when I give them notice)?


Asked on 12/05/08, 11:00 am

1 Answer from Attorneys
Daniel Meek Daniel W. Meek

Re: Not following thru on contract

If your written contract, signed by the parent/guardian, states that the parent/guardian must pay your daily or weekly fee, until the contract is terminated, and provides that termination requires 2 weeks written notice, then you are entitled to the 2 weeks of pay. You would have a good leg to stand on in small claims court. But your customer would then probably trash your reputation around the neighborhood, which could cause you to lose business.

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Answered on 12/06/08, 1:46 am


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