Advice regarding paid vacation

[3rdtimesacharm]

I'm waiting to hear from my husband regarding the contract. Hopefully he was able to take a look at it. We didn't get a copy from her after she signed it and the copy we made before signing was lost during our house move.

Correct me if I'm wrong, but I believe she MUST provide you with a contact that is signed by BOTH parties for it to be considered legal and binding.
It sounds
like you have dealt with more than your share fair of Crap from this provider and I would not be paying anymore than you already have. You sound like very reasonable clients and she should not be paid for what she is demanding.

[Dovey40]

I dont think paying for a providers vacation is appropriate. If they close you should have to pay. Holidays on the calendar are different like christmas day easter and so on. I dont mind paying for those days. Unless her contract says 10 days of paid vacation to be paid by each client yearly or at the end of their contract Id say she doesnt have a leg to stand on. If it just says 10 days of vacation then you pay for what ever she took while you were in her service. I would clearly write this out to her so she understands her contract has a loop hole and she needs to address that before sending out new contracts

[Suzie_Homemaker]

Based on all you say, she seem not professional, from one side of story. I think she unlikely to take to court unless very brazen person. Since you not have a signed copy, that is also poor practice.

She not sound very reliable at all. It sound like she already had three day off which you paid for that come from her leave allowance.

I just talked to my son quick on telephone to ask him what he think.

He say if you not got copy of contract, e-mail her and ask her to send you copy. If she above board, he said she will send it. If her contract wishy-washy, she likely fob off and not send. Once you have contract, you then be able to see if it clear that these 10 days must be paid in full even if only using her service for short time. If it not clear as day, he say, let her sue you.

He say it will be Small Claim Court. That it less formal and Judge is able apply common sense not just strict letter of law. Judge has some leeway to determine what is fair and to see if contract is clear enough.

If she decide to take action, she will have pay filing fee. My son say this amount is about $100 depend on which province you in but should be easy to find on-line amount. She will only get fee back if Judge agree with her. But if she not willing to send you contract, a Judge will not be happy with that because you not able to check facts for self. If you request contract and are denied, that work in your favour because you trying to check information and she not giving what you need to do that. If her contract clear as day, she will have no issue in sending it to you.

My son say even if she does file, you will get served all paperwork before court case. You can then decide if she has enough proof to win and if you think she will, you can just settle before court date, and no judgement then made, and nothing to affect negative your credit rating.



I really sorry you have this situation.

[mickyc]

You sound like a very reasonable person. I agree with everything Suzie says. Ask for a copy of contract. If she can prove that's what it says then you are required to pay. If she will not provide copy then do not pay until she proves it. My guess is it isn't clearly written the way she is telling you but who knows. I know when I started my contract was missing a few things. As things came up I learned very quickly what needed to be added. She might very well think that you are obligated to pay but unless it is in the contract clearly stated she has no leg to stand on.

[Suzie_Homemaker]

Also my son say, do not talk on telephone. You not able prove anything said. Make sure all communicates now in writing on e-mail or textings so you have paper trail. I forgot that bit information.

As a mother, I also think if you able to not send son for rest of notice period, it might be good idea. If she not able to be professional with reliables or tone when she not happy, then not put your child in situation where she might be mean. That horrible thing to think about but I not think I would risk it if my child.

[CW888]

Thanks for all your advice. It's very unfortunate that things have turned out like this.
She doesn't email. All the emails I have sent her before, she always called, and never replied by email.
I will tell my husband to record all conversations from now on as he's the one dealing with her now. I've been worried about my son all day and I have the constant vision of him being left to cry.

I wish I could have a provider whom we could trust and rely on. We are fairly new in the city and we couldn't get recommendations as we don't have a lot of friends. Thankfully my in-laws will be here tomorrow.

[Suzie_Homemaker]

She doesn't email. All the emails I have sent her before, she always called, and never replied by email.

That okay. You just send e-mail and if she call to reply, let answer phone pick up and keep the message. You just not speak direct to her because then you not able prove what was said. But your e-mail and her recorded reply is proof of conversation.

Before recording conversation, you have check laws in your province. Some allow recording as long as one side permits - that could be your husband permitting recording he making. But some province not allow recording without both people agree - that why sometimes when you call companies the message say "recorded for training and something purposes" because they then have informed both side and by continue with call, the other person is consenting to being recorded.

This horrible situation. I hope you know that most provider not like this. Yes, we in business for the money like all adult to pay bills but most of us do care about the children too (maybe too much sometime) and most of us value good client and work to keep them.

Where are you located?

Maybe provider on here in your area and you can check out their posting history to see mindset better. Maybe someone here be able recommend too. I in PEI and good network of other carer and we refer people all time when we not have spacings.

[CW888]

My husband asked to see the contract and she said there was no need and to see ourselves how much to pay her for her holidays. When my husband asked her is she was expecting a week vacation, she remained silent.

I'm frustrated because she's been avoiding the contract ever since I mentioned on the phone that I would like to see it. My guess is that she doesn't want us to see it because it doesn't say in it we have to pay her.
I have a feeling I will never see a copy of the contract.

[Suzie_Homemaker]

My son contract lawyer. He said you are legally entitled to a copy of any contract. The a contract is only valid if both sides sign their agreement. If she not giving contract then only reason is 1) This full year pay of leave not in her contract or 2
) She has lost the contract which means she has nothing to enforce.

He say if she has change of heart and provides copy, make sure it is signed copy, not a blank contract she could have written this evening. Without your signatures, it not worth anything.

My son advised to tell here straight and direct -

We have sought legal advice regarding this matter. Please be advised that we will not be paying your annual leave for a full year unless you produce a signed contract where we agreed to do so. We will not be discussing this further.

He said don't pay it.

He said only pay what you 100% know you owe which is likely just fees for her notice period. Most people charge for days reserved for a child so fees are due whether or not child is present. If hers set up that way, just pay for the notice period. If her fees set up so you only pay for care on days attend, then my son said don't pay her a dime more. Take child out of her care and be done with her.

She is playing you for fools because she cross. If it really was in contract, she would shove under nose quick as can be, to prove herself right and you wrong.

She not going to sue because it not there.

I have a feeling I will never see a copy of the contract.

And without it, it unreasonable to expect you to abide by terms just on her say so and your memory.

She playing games. Leave her to play on her own. If she wants this extra money, it on her to prove she entitled to it.

[babydom]

Yes. Do all communication THROUGH EMAIL. U need a paper trail and evidence. If she calls let it go to the answering machine and then response by text or email. Also agree do not pay anything until she SHOWS you the contract and what it says.