Legal Question in Civil Rights Law in Oregon

Daycare breach of 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. My contract clearly states that both parties are required to fullfill a two week notice in the event of termination. 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 12/04/08, 10:28 pm

1 Answer from Attorneys
Sam Hochberg Sam Hochberg & Associates

Re: Daycare breach of contract

First off, you posted this on LawGuru.com as a "Civil Rights" matter, and it isn't. This is a business law matter, so you may wish to re-post it under another heading.

Having said that, I'm not a business lawyer, but I know that to answer your question, most any lawyer would want to actually READ the contract you're referring to, to give you any sort of accurate advice. For example, you mention that the contract requires two weeks notice, but you DON'T say if there is any provision requiring payment for those two weeks for failure to provide the notice. And, I'm not sure if it matters -- I'd want to read the contract.

I'd suggest you call around to some local business lawyers and see if you can get a short consult on this for a few bucks. Or, you can punt and just file in small claims and see what happens. It's not too expensive to file, although if you lose, you could be required to pay some of the other party's court fees. Note that lawyers are not permitted in small claims court, although if either party's claim exceeds $700, they have a right to bounce the case up to a regular jury trial, in which case you probably DO need a lawyer.

Sorry for the complicated answer, but you really need to have a lawyer just read the contract and advise you.

Best of luck to you,

-- Sam

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Answered on 12/04/08, 11:05 pm


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