DCP Breaks Contract...

[Dsquared]

I'm posting for my wife. She had a parent show up Monday (her most high maintenance parent, actually her husband dropped off which he never does) and the husband showed up with no check. He told my wife that his wife would bring the check at pick up.

Afternoon rolls around and the husband shows up an HOUR early to pick up, again no check. He says the wife will bring it tomorrow morning. Next morning the wife texts she's staying home with the kid. Now they aren't coming back. My wife's contract clearly states that they have to give two weeks notice. She collects the last week's payment on the child's start date, but now she's out a week's pay.

My wife asked for her check and the wife wrote this long email and saying she wasn't giving 2 weeks notice, her deposit covered it blah blah blah. When my wife wrote back and told her that it didn't cover it and if she didn't drop off the check by Friday we were going to take her to small claims court with a copy of the contract PLUS her email stating she wasn't going to give 2 weeks notice, the DCP said she would start bashing my wife on Facebook, forums, ect.

She's in clear violation of the contract, we have an email from her showing she's violating the contract and now she wants to badmouth my wife who did nothing wrong. Is there any way to protect against this kind of BS?

[pfund2233]

That's slander and she can be sued.... BIG TIME!! Tell her to go ahead and bash away your lawyer has already been contacted and you can see them in court for the money they owe and the restitution on the slander offense.

[LittleD]

I'm posting for my wife. She had a parent show up Monday (her most high maintenance parent, actually her husband dropped off which he never does) and the husband showed up with no check. He told my wife that his wife would bring the check at pick up.

Afternoon rolls around and the husband shows up an HOUR early to pick up, again no check. He says the wife will bring it tomorrow morning. Next morning the wife texts she's staying home with the kid. Now they aren't coming back. My wife's contract clearly states that they have to give two weeks notice. She collects the last week's payment on the child's start date, but now she's out a week's pay.

My wife asked for her check and the wife wrote this long email and saying she wasn't giving 2 weeks notice, her deposit covered it blah blah blah. When my wife wrote back and told her that it didn't cover it and if she didn't drop off the check by Friday we were going to take her to small claims court with a copy of the contract PLUS her email stating she wasn't going to give 2 weeks notice, the DCP said she would start bashing my wife on Facebook, forums, ect.

She's in clear violation of the contract, we have an email from her showing she's violating the contract and now she wants to badmouth my wife who did nothing wrong. Is there any way to protect against this kind of BS?

Tell her in addition to small claims, you will add slander to her offenses. Not sure if that is a police matter or not, but it can be damaging to a business, causing a loss of revenue, which could be come costly to her!

[Dsquared]

That's what I was thinking. On top of that, she has admitted in writing that she has violated the contract. I don't know what she's thinking writing these threatening emails to my wife. She has also tried to trump up some BS when my wife called her out for the money. If her accusations were true, where were any emails or text messages expressing those concerns over the past several weeks? Recorded phone calls? Uhhhh...that's cause there weren't any and she's trying to make stuff up to justify her selfish actions. She even told my wife "Obviously is all about money with you..."

Well of course it is. This is a business, not a charity. BTW, both parents have very good jobs at a fortune 100 consulting company so it's not like they left because they could not afford to pay.

[MarinaVanessa]

Yep, we were talking about about this in another thread earlier. The good thing for you is that you have the emails as proof. Start keeping a log of everything, each time that she contacts you needs to be written down. Who contacted you, what time and how etc. I wouldn't talk to them face to face or on the phone. If they call, let it go to voicemail. If they leave a message, save the messages. If you must contact them use email only or write letters but keep a copy and send them certified only, this way you have records of what was said.

Be civil in all future contacts with her. Don't threaten or share opinions. State facts only. If it were me I would type up one letter briefly summarizing what happened, what rules they broke, direct quotes from your contract and policies and what you require to happen by when. Here's an example of a letter that I used (changed to show your situation).

Dear _______,
This letter is to inform you that you have breached the contract agreement which you signed and agreed to follow in accordance to the contract and policies of {daycare}. Below is a brief summary of the timeline of events leading from {date} to today's date.

• Date Time DCD arrived to drop the child off at daycare. Tuition payment was not given, DCD told childcare provider DCM would bring the payment when the child was picked up.
• Date Time DCD arrived to pick the child up. Tuition payment was not given, DCD told childcare provider DCM would bring the payment the following day when the child was dropped off.
• Date Time DCM texted the childcare provider to inform her that the child would be staying home this day.
• Date Time Childcare provider inquired about payment to DCM via text. DCM's response was that the child would not be returning.
• Date Time DCM notified childcare provider that she would not be giving a two weeks notice and would not be paying for the final two weeks of care.
• Date Time etc. etc. (I don't know all of what was said so I'm just paraphrasing as an example)

As a reminder the contract and policies that were signed and agreed to upon enrollement on {date} state:
"A written two weeks notice of termination is needed to terminate this contract. If no such notice is given then the two-week deposit given upon enrollment is forfeited and payment is still due for the last two weeks of care regardless of whether the child attends the daycare or not."

The contract and policies also state:
"If fee's are not paid when due a late payment penalty fee of $XX per day will acrue each day until the amount is received in full. The client will also be responsible for any fees and costs incurred during this process including but not limited to court, attorney and collection agency fees."

A written two-weeks notice was not given and therefore the two week deposit is forfeit. As of the date of this letter payment for the final two weeks of childcare is owed and due in the amount of $XX, and an additional amount of $XX per day will be added to this amount until the amout is paid in full. If this attempt to collect monies owed, is not collected by {Date} (usually 2 weeks), this account will be sent to court. If necessary this account will also be reported to collections.

Any further communication shall be done through email only and must discuss only this matter in hand. If needed for other matters, further legal action will be taken.

You Name
email address

[MarinaVanessa]

She has also tried to trump up some BS when my wife called her out for the money.

Is your wife required to be registered or licensed? If she is she can protect herself immediately by calling her licensing office and reporting the incident. She'll have to fill out a written report but at least she will also have records showing that she reported that the DCM threatened to make stuff up about her or whatever she said. If your wife gives them the heads up and the DCM files a bogus claim against her licensing may still have to "investigate" but they'll know going in that more than likely it's a bogus claim due to parent retaliation for unpaid tuition. It happens quite often I'm afraid.

[Dsquared]

Thanks for that detailed response MarinaVanessa, that is fantastic!

I have forwarded all the information to my wife and she is leaning towards taking no action now, she's concerned about the FB, websites and forum bashings by this kook.

BTW, I forgot to mention, 2 days before "the incident" this DCM started emailing my wife trying to negotiate a $10 deduction per week in their rate (they've been clients for a month). Well, if 2 days before all this crap she was trying to negotiate a rate deduction to use my wife's services, how can you make all these unfounded claims and lies for why you just suddenly stopped coming?

What's wrong with these people?

One thing daycare has shown me is that there are a TON of people who should not be parents. When you do get a good client, it's a dream but they are HARD to find. Providers should not have to deal with people like this so often

I can't wait for my wife to quit this business, hopefully by the end of the year.

[nannyde]

Your wife needs to switch her contracts to a full calander month notice to ONLY be received on a Friday. Late fees at 10 dollars per day begining the Saturday after pay day.

This will STOP the leaving without notice. If your wife charged a hundred a week this client would give notice on the 17th and owe four weeks of pay = 400 dollars plus ten dollars a day for every day each week payment is late.

File small claims and let the money acrue. By the time you actually go before a judge it will be many hundreds of dollars. You will be racking in 70 dollars a week just in late fees so if it takes a couple of months you could be well over a grand before you raise your right hand.

Let her blast away on Facebook and call licensing. That won't change her money. The money is what she is after and she is using free words to try to get out of the money.

Lesson learned. Make it that the termination of services needs to be well thought out and PLANNED so you have time to fill the slot.

[Crazy8]

I hate dealing with money and parents and court, etc. so really the most simple solution is to require TWO weeks payment as deposit. If someone leaves without notice that money is forfeited, if they leave WITH notice you credit their last weeks so they do not have to pay.

Child never should have entered the door without payment on Monday morning. Dad didn't have it - I would have turned him and child around and said there is a bank down on the corner - will see you back in about 15 minutes!

[Ariana]

I don't know much about this stuff but if you have an email where she states that she will slander your wife than that will definately hold up in court. Be as professional as possible and document everything!!

[Dsquared]

Thanks for all the replies. I'm not sure what my wife wants to do at this point and if she wants to go to court for $200. This crazy DCM just keeps spouting off ridiculous stuff in emails, it's really just hard to believe. For example "The $200 dollar deposit more than covers us not showing up for the next 2 weeks." Uh, no it doesn't. You committed to two weeks notice which is $400 total. You can't just make up your own rules. Crazy....