That Didn't Go So Well...

[Blackcat31]

Let me get this straight...she should be the one giving me a W-10? She was the one asking me to send one to her.

I'm still new to this. Last year I just gave my parents (who were all GREAT!) my Identification # and a total that they paid and that was good enough. I'm so confused and don't know what to do. :confused: This woman is making the end of my short maternity leave stressful.

Yes, technically it is the parent's responsibility to bring you the W-10 form to fill out. That is proper protocol. If she brings you one and you refuse to sign it with your signature and EIN/SS# then you could be fined $50 for not doing it.

Most providers will supply the form and the year end total as a business courtesy because it is good business practice and their DCF's don't owe them money... kwim?

But the law says SHE has to bring one to you to sign. There is no place on the form for year end totals either so you have every right legally to deny her.

You do NOT have to send her anything and you have every right to try to get the money she owes you.

I am on my way out the door now but I will try to find the place on the IRS site that specifically says this.

Here is what the section on Tom Copeland's blog says about that too: "If a parent left owing you money I would recommend telling the parent that you will only give them your identification number once they have paid you in full. The only time you face a consequence is if the parent gives you a copy of Form W-10 and you fail to fill it out. If this happens you face a $50 penalty. But since 99% of parents don't know they are supposed to do this, I wouldn't worry about it."

[daycare]

Yes, technically it is the parent's responsibility to bring you the W-10 form to fill out. That is proper protocol. If she brings you one and you refuse to sign it with your signature and EIN/SS# then you could be fined $50 for not doing it.

Most providers will supply the form and the year end total as a business courtesy because it is good business practice and their DCF's don't owe them money... kwim?

But the law says SHE has to bring one to you to sign. There is no place on the form for year end totals either so you have every right legally to deny her.

You do NOT have to send her anything and you have every right to try to get the money she owes you.

I am on my way out the door now but I will try to find the place on the IRS site that specifically says this.

Here is what the section on Tom Copeland's blog says about that too: "If a parent left owing you money I would recommend telling the parent that you will only give them your identification number once they have paid you in full. The only time you face a consequence is if the parent gives you a copy of Form W-10 and you fail to fill it out. If this happens you face a $50 penalty. But since 99% of parents don't know they are supposed to do this, I wouldn't worry about it."

they dont know unless they are reading this site.... but great point

[littlemommy]

She didn't quit. She asked me about it all again, and I said I would give it to her when I am paid in full. She FLIPPED. She told me that she doesn't need anything, she called the state and turned me in and got my info from them. She then said that she doesn't have to pay me because my contract doesn't say so. My contract states "If parent pulls child without two weeks written notice, provider will be paid in full for those two weeks even if child is not here. Provider can terminate contract at any time."

She then said that I failed to take care of her son, that I left him alone unattended for children to throw things and bite him, and that she has recorded and taken pictures and reported me. I said that I had to term because she disregarded our conversation about keeping meds at home. (If you don't remember, I found 8 medications in his bag. Prescription and OTC, but the OTC meds were not for infants. Never had a doctor's note or told me how much to give him, just told me to give him certain meds "when he gets fussy." I never gave him anything here.) She told me I never talked to her about it (even though she agreed and understood when we did talk about it) and that I should have just kept his bag out of kid's reach. Our conversation ended with me giving her the information (even though she said she had it, I know she didn't call me in that fast.) She had to get the last word by saying "I hope you get closed down. and Sorry it had to come to this."

Glad that's over! I did call my licensing lady shortly after and she said not to worry about her. She hadn't heard anything and said there is no way I can get in trouble. The conversations were all through texting too (which isn't ideal, I know,) but at least I have it all saved and have proof of everything.

[Blackcat31]

She didn't quit. She asked me about it all again, and I said I would give it to her when I am paid in full. She FLIPPED. She told me that she doesn't need anything, she called the state and turned me in and got my info from them. She then said that she doesn't have to pay me because my contract doesn't say so. My contract states "If parent pulls child without two weeks written notice, provider will be paid in full for those two weeks even if child is not here. Provider can terminate contract at any time."

She then said that I failed to take care of her son, that I left him alone unattended for children to throw things and bite him, and that she has recorded and taken pictures and reported me. I said that I had to term because she disregarded our conversation about keeping meds at home. (If you don't remember, I found 8 medications in his bag. Prescription and OTC, but the OTC meds were not for infants. Never had a doctor's note or told me how much to give him, just told me to give him certain meds "when he gets fussy." I never gave him anything here.) She told me I never talked to her about it (even though she agreed and understood when we did talk about it) and that I should have just kept his bag out of kid's reach. Our conversation ended with me giving her the information (even though she said she had it, I know she didn't call me in that fast.) She had to get the last word by saying "I hope you get closed down. and Sorry it had to come to this."

Glad that's over! I did call my licensing lady shortly after and she said not to worry about her. She hadn't heard anything and said there is no way I can get in trouble. The conversations were all through texting too (which isn't ideal, I know,) but at least I have it all saved and have proof of everything.

Well, at least she is gone now... My licensor also told me that 99% of parents who try and turn a parent in owe money to the provider. Licensors aren't dumb, they know this game and know how to play so glad you talked to your licensor and feel better about the whole thing.

Your next step should be small claims court. You have every right to try an d collect any money owed to you. If you do not want to deal with small claims court, then I would turn her account over to a collection agency.