If we withdrew our child out of her daycare early because we felt she wasn’t getting the care she needed, what, if anything, do we still owe?

We took her out on June 26th and notified the caretaker. Learning that the daycare provider had not renewed her license we felt it was time to leave. The caretaker is saying that she wants to sue us for lost wages when we paid her for the full month of June but we weren’t even there for the full month. Technically she owes us money back for services she didn’t provide. Does she have a case against us?

Asked on July 14, 2015 under Business Law, Michigan


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You only owe her for whatever services she actually provided.  You would also owe whatever the contract you signed, if any, provided for.  If you did not sign a contract, then you are each left with a remedy for actual performance. 

If you did have a contract and it provided a notice provision, then you could potentially be liable for inadequate notice--- if the contract contained such a provision.  However, you could have a potential counter-claim for breach of contract because she did not renew her license and for failure to provide services.

If you are still concerned that she will sue you, then take your contract, if any, to attorney to be reviewed for any other potential remedies or obligations.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.