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Verbal employment agreement with babysitter, under WA state employment rights was are our rights to terminate the agreement

Asked over 3 years ago - Bellevue, WA

I hired a college student to watch my children over the summer. It was a verbal agreement that she would watch them until 8/29. I had a specific written schedule for her to follow. On 7/25 my children (9 and 7) brought to our attention that the sitter was not following the schedule and was reading a book a good portion of the day vs engaging/playing with the children. They also said they really didn't like her. I made the tough decision to terminate her help and informed her on 7/26. She is now taking me to small claims court stating I viloted a verbal contract to keep her employed until 8/29. Am I legally obligated to this verbal contract given she was not following the schedule I provided?

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Attorney answers (1)

Perry A Warbrick

Reputation Level 9

Answered over 3 years ago. Contracts / Agreements Lawyer in Redmond, WA.

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Verbal contracts are valid for services in WA where the work will be completed in less than a year. In this case, the contract specified the services to be provided in the form of verbal directives from you as well as a written schedule. If the child care provider did not perform the terms of the contract, then she is in breech of contract, and you are entitled to terminate the contract.
You need to persuade the court that your termination of the contractor was in response to her breach of contract. You should take the schedule and any other documents to support your position. Also, take affidavits from children and any others who were in a position to observe the contractor's breach. I doubt that the contract stipulated that the children like the provider, so that is not relevant to the issue.
Perry Warbrick

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