What A Horrid Month! Help Please!

[Angelwings36]

I am having the worst month ever and I just feel like breaking down and crying. I signed on a new client on Friday March 16th, 2012. My contract was signed, all forms filled out and deposit cheque was given to me. The children were suppose to start tomorrow. 2 children part time 3 days per week ($65/day). The mom calls this morning to say she no longer needs care because her mom says she will watch the kids.

My contract states:

A one-month advance written notice when terminating childcare services is required. Families are responsible for their regular payment during that time whether your child is in attendance or not. Families are responsible for their regular payment during that time even if I was the one who chose to terminate services. Termination notice can only be given on the 1st of any month.

What do I do? I turned down another client this for this space. Do I even have grounds to take her to court since services had not begun?

[cheerfuldom]

Isn't that why you charged the deposit? I would keep the deposit and then interview for the spot.

[Angelwings36]

She paid with a cheque so she will likely just cancel the cheque and I will get an nsf charge.

[Sugar Magnolia]

If you deposited the check, hopefully it is too late for them to stop payment. So sorry this happened.

[cheerfuldom]

Try and cash the check now. In the future, always cash it asap. Do you have in your contract that the deposit is non-refundable? If you do, you can send her a letter by certified mail insisting that she provide the funds for the deposit IF the check has bounced. If you don't have "non-refundable" in your contract, you basically screwed yourself. This is what the deposit is for....showing the parents are committing to beginning and providing you with a cushion if they leave before care begins.

If the parent stays, a lot of providers will credit that deposit to the daycare payment once the trial period is over or will use that amount as the two weeks notice period for whenever the family leaves (which could be years in the future, hopefully)

[Angelwings36]

My deposits are only refunded in childcare services upon the termination of contractual services if proper termination notice is given. So I do have grounds to at least get the deposit back if she stops the cheque?

[safechner]

U better hurry to cash your check at your new client's bank so it won't be too late. If they already stop payment and the bank will tell you.

Just keep your deposit, anyways! Whatever left and take her to court.

[cheerfuldom]

I dont know OP....doesnt sound like you're contract is clear about what happens to the deposit if care never begins ( you only say what happens to the deposit after care begins)...could be hard to get your money back since it could be seen as a gray area....

[countrymom]

Hmmm I think you need to change the contract. First one month is way to long for notice, I think two weeks is plenty. Second I don't understand why you only do the first of the month. Sometimes things happen and people cant give it on the first. The rest of the contract is muddled, it's not clear.

[daycare]

do you have a trial period

[Kaddidle Care]

If you haven't already deposited the check, cash it at HER bank. That way you won't get burned.

That really stinks. Call the other people and tell them what happened. Hopefully they didn't sign up elsewhere already.

[littlemissmuffet]

Cash only. Period.

Once a contract is signed they are obligated to fullfill their end of the deal regardless of whether or not they use your service.

A client must pay me a non-refundable $175.00 holding fee (doesn't go towards childcare fees) and their first month's childcare fee (cash only) and have their paper work filled out before their child is considered enrolled in my daycare and I stop interviewing.

If a parent chooses to cease services before they even begin, they are still required to provide me with one calendar months notice. And I definitely wouldn't hesitate to go to court for it!

[Lucy]

I think your contract is a little too strict. One month notice is too much. Two weeks is standard and, I think, fair.

Also, they can only give notice on the 1st of the month??? If you don't mind my asking... why? I think that's really asking too much. Let's say their boss fires them on April 2nd. You won't accept notice until May 1st, and it must be a one month notice. That means they are paying you until June 1st. When they got fired TWO months earlier.

I've heard of people only accepting notice on Fridays (or whatever day), and even though I don't agree with that either, at least it's more fair than ONE date per month.

Not trying to to criticize, just giving MY personal opinion. If you don't agree, I'm fine with that.

[Meyou]

I think your contract is a little too strict. One month notice is too much. Two weeks is standard and, I think, fair.

Also, they can only give notice on the 1st of the month??? If you don't mind my asking... why? I think that's really asking too much. Let's say their boss fires them on April 2nd. You won't accept notice until May 1st, and it must be a one month notice. That means they are paying you until June 1st. When they got fired TWO months earlier.

I've heard of people only accepting notice on Fridays (or whatever day), and even though I don't agree with that either, at least it's more fair than ONE date per month.

Not trying to to criticize, just giving MY personal opinion. If you don't agree, I'm fine with that.

It's to prevent daycare jumping and financial hardship for the provider and to allow for enough time to find someone new. It makes parents think and plan about giving notice and prevents anyone from leaving on a whim. It's quite common actually. It's the same as giving notice for a lease or the large daycares in my area.

[littlemissmuffet]

I think your contract is a little too strict. One month notice is too much. Two weeks is standard and, I think, fair.

Also, they can only give notice on the 1st of the month??? If you don't mind my asking... why? I think that's really asking too much. Let's say their boss fires them on April 2nd. You won't accept notice until May 1st, and it must be a one month notice. That means they are paying you until June 1st. When they got fired TWO months earlier.

I've heard of people only accepting notice on Fridays (or whatever day), and even though I don't agree with that either, at least it's more fair than ONE date per month.

Not trying to to criticize, just giving MY personal opinion. If you don't agree, I'm fine with that.

My reason for requiring a month notice is because I am paid on a monthly basis (the 1st of each month). I am in Canada and being paid monthly and giving a month's notice is the norm. It's also the norm in my area to require the first month's fees PLUS another full month of fees as a deposit - I don't subscribe to that, however, because it's difficult for parents to come up with that kind of money.