hat to do if my child’s daycare center was closed for 7 days due to a hurricane but e were not given any credit for the missed time?

Even though the teachers were not paid. Another center in the area did issue credits and a third center is allowing the children to make up the days over the summer. Ownership of our day care has changed hands and the new owner does not plan to issue credits or offer any other compensation in the future. Do we, as parents that paid for the whole month, have any legal recourse?

Asked on January 30, 2013 under Business Law, New Jersey


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Yes you have legal recourse. You can all jointly or separately sue the daycare provider for the credits.  However, read your contract first.  Just like in insurance, if the issue is as a result of an act of God, it may not be covered and the court may disallow a refund because a) it was not the fault of the daycare and b) it was a natural disaster. Now, you must be very certain the teachers were not paid.  If the teachers were not paid, they may have recourse for the same reasons.  Again, read the contract first.  You may also wish to contact your state department that handles licensing of this daycare.

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