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

Answers:

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.


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