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  1. #11
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    Quote Originally Posted by CW888 View Post

    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.

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  3. #12
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    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.

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  5. #13
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    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.

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  7. #14
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    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.

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  9. #15
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    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.

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  11. #16
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    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.

  12. #17
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    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.

  13. #18
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    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.
    Last edited by CW888; 09-04-2015 at 10:05 AM.

  14. #19
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    Ok. So either say u will get paid when we see the contract. If she wants her money she'll show it. Or if she's saying pay whatever u think. Then do that. Pay her just a day even. She said to pay what YOU think. So that's what you think. If she argues and wants more. Say certainly as soon as I see the contract. What area are in? Please don't bring your son back there this wk!!

  15. #20
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    Quote Originally Posted by babydom View Post
    Ok. So either say u will get paid when we see the contract. If she wants her money she'll show it. Or if she's saying pay whatever u think. Then do that. Pay her just a day even. She said to pay what YOU think. So that's what you think. If she argues and wants more. Say certainly as soon as I see the contract. What area are in? Please don't bring your son back there this wk!!
    I'm in Ottawa. Unfortunately I have to send him there tomorrow. I can't take any more days off work, I just went back from mat leave. My husband has his own business and is quite busy too. My in-laws will be here tomorrow afternoon from a long haul flight and I would feel really bad to have them look after my son when they just landed and jet lagged. My husband and I agreed to make tomorrow his last day. I can try asking to leave early tomorrow from work but I have already taken so many days to look after him. I've only been back to work for 3 months and I don't want to get into trouble at work.

    My husband will ask for a copy of the contract again tomorrow.

    Suzie: she doesn't leave messages either. She would call a few times until we pick up or talk to us when she sees us. I will check regarding recording conversations. Thanks for pointing this out.

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