What are my rights regarding the termination of serviceds if someone misrepresented their qualifications?
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What are my rights regarding the termination of serviceds if someone misrepresented their qualifications?
I was sending my daughter to a home sitter, who told me that she was licensed through the county certification. I eventually found out 5months later that she was no longer licensed. I quickly began a search for a new childcare setting. I quickly withdrew my daughter from her care without notice, and sent a text to the number she always texted me from, because that was her form of communication any other time. Now she has called me and texted me several times within a day and demands we pay for 2 weeks notice, what can she legally do this? There was no verbal or written agreement regarding termination.
Asked on January 11, 2011 under Business Law, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If there was no agreement to the contrary, you owe her NO notice (and she would have owed you none, either, if she had quit). Without a contract, alll employment is "employment at will" and may be terminated by either party w/out notice. You only owe her pay up to the last moment she actually worked. If there had been a contract, you'd have had to abide by its terms about notice and termination, though depending on what the contract said, the fact that the sitter lost her license could very easily have led to her breaching the contract and entitling you to terminate it; similarly, if she's not allowed to provide these services without a license, that also would have provided good grounds for termination even if there had been a contract.
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