Do I Have A Case?

[CrayolaKids]

So I mailed out a termination letter to one of my dcf who I've had multiple different issues with over the past few months. One of the main reasons for termination, which is the reason I gave them, is that dcg7m has simply not adjusted to daycare and doesn't seem happy here. I stated in the letter that it would be in the best interest of everyone that they found a different daycare situation for the girls. My letter was professional looking, stated nothing personal towards them or the girls besides the fact that the youngest just isn't adjusting well to it.

Well, they received the letter and completely blew up! Dcm has been texting me for most of the afternoon and has stated more than once that she will not be paying for the last two weeks because "i don't get paid if I'm not at work, so I'm not going to pay you for not doing your job". Both parents signed a contract upon enrollment which states:
"This contract may be terminated by the parents or the provider. A 2-week written notice prior to the last date of care is required WITH payment for the last 2 weeks. This payment is due regardless of attendance.
The provider may immediately terminate this contract without any notice if payment is not made on time."

During all of this, dcm has gone on facebook and made the following post:
"Well, on the market for a new daycare provider. Hopefully this time a more professional one that can handle an infant. Apparently the old one is too good to watch our kids. Hit me up if you know of one."

A previous pita dcm who I've written about before on here, comments "Oh boy!! Same one I took ***X to?" and gets the response from dcm that I just termed: "Yup, funny how that works, isn't it? Ur lucky you didn't take your little girl there and got out when you did. Shoulda did the same I guess cuz a lot of the things ***X went through, so did ***X. Rediculous" Previous dcm responds calling me a natzi, selfish, stubborn bi***"

I have printed off all of the facebook conversations and will print off all of the texts that she has sent me, including the ones where she is calling my son names and telling me that if I don't like kids, I shouldn't be watching them and she isn't paying for MY choice.

My question is, do I have a case to take them to small claims court? The balance for two weeks would be $244 plus $10/day late fees. Should I even bother with it or send it to a collection agency? I have a copy of the signed contract and all of the print-outs of defamation of character-keep in mind we have 88 common friends between us. That's A LOT of people who, if they have any common sense, can put two and two together if they wanted to as I have tagged them in a few photos from our days.

Sorry so long, it's been a rough day...

[PolarCare]

Yes, you have a case

However, you don't want to sue her collectively for the breach of contract AND the libel/defamation case. You want to sue her seperately.

Open up one case against her for breach of contract, and sue her for the unpaid 2 weeks plus court fees, etc.

Open up a seperate case and sue her for libel/defamation, and court fees. Be aware that this case will be harder to win.

However, when you sue for the breach of contract, that will put her name in the system and let other providers know that she doesn't honor her contracts and skips out with unpaid balances. Let it be known during your case that she never filed a complaint against you in all the time you were keeping her child, and never seemed to have a problem with you until you termed her.

[cheerfuldom]

so you sent a termination letter with the understanding that you could do care for two more weeks? OR you are requiring they pay for two weeks even though termination is effective immediately? I am not seeing a super clear statement in your quote from your contract......

[CrayolaKids]

I sent them a two weeks notification of termination of care, so their last date of care would be April 20. She is choosing to not use that and is refusing to pay for the last two weeks.

[cheerfuldom]

ohhhh! okay. I was getting the impression that you terminated but still required a two week notice. Is the quote that you put in your original post your entire selection on termination policy?

[CrayolaKids]

ohhhh! okay. I was getting the impression that you terminated but still required a two week notice. Is the quote that you put in your original post your entire selection on termination policy?

Yes, it is. Which is why I'm not certain if it's clear enough for me to have a case against them in court. Or enough of a case to win :confused:

[EntropyControlSpecialist]

Oh dear. Many hugs to you.

[saved4always]

Oh, that so stinks. Parents can get very upset and mean when they think you are dissing thier child. That is no excuse for them trashing you on FB though. I am sure they are lashing out at you through FB, knowing that you will see the posts. I would immediately unfriend both of your former clients and then block them under your FB settings so they can no longer see your posts. You are better off not seeing thier bitterness on your FB feed.

I have had a couple situatons where it was just not working for me. In one case, I termed...but it was effective immediately so I did not require them to pay for the last 2 weeks...in fact, just to keep good will, I refunded the week that their child was here and gave them a name of a friend who could take their child immediately. I was not friends with them on FB, so I am assuming that they got over any problem they had with my terming. And they are still taking thier little guy to my friend who actually needed the business more than me.

The other one was a situation where I was not willing to do potty training exactly as the parents of DCB wanted me to (plus thier schedule was a pita)...I think they could tell that I really did not want to watch their kids anymore and they told me they were moving thier kids...no notice...but, again, I did not even ask them to pay for the 2 weeks. The mother was very angry about the situation because I guess she did not like her demands for her child questioned, so I did end up unfriending her and blocking her email on my FB. I really did not want her eyes on my life when she was giving off the angry vibes. It is much better for me that she pretty much does not exist anymore in my life. If she writes anything negative about me, I don't know and I am happy in that ignorance...!

I do have it in my contract about 2 weeks but I just am not comfortable enforcing it in these situations.

[itlw8]

I do not think you have a case You terminated the child. You stated they child was not happy in your care. ( meaning you could not handle the child or did not want to do so.)

As a parent I would not return to a provider who did not want my child. Nor would I pay for 2 more weeks when I had been terminated.

And sorry but if this was out of the blue and we had not been having discussions and looking for solutions I would think it was unprofessional...

Not saying it was unprofessional just that a parent left without infant childcare I would be thinking that.

[cheerfuldom]

I do think that in this case, your best bet is to unfriend and block on FB (as another person suggested) and let the last two week thing go. You can fight for it but it may not be worth the trouble. You should consider rethinking that portion of your contract to fully outline your termination policy, process, what happens in certain situations. Also outlining your policy on how you handle issues at the daycare (perhaps you have that already?). I could see how perhaps they didnt see this coming if there wasnt a clear process of handling the issue (maybe there was....you didnt mention anything.....) I dont necessarily think that you did anything wrong but sometimes it is best for your own sanity to take the wrong and move on then to keep a fight going when you have so many IRL mutual friends. The only time that I would go after that last payment is if parents left with no notice. I personally dont fight for issues with termination because the point is to get them off to a new daycare, right? Now they are gone, you can replace them and hopefully the whole thing blows over. I guess you just have to consider if the fight for the two weeks payment is worth it or not.

[sharlan]

This is my PERSONAL opinion.....you obviously don't have a great relationship with the family, you just told the mom that it would be better for everyone if they changed providers. You basically told the mom that you either don't care for the kids, can't handle the kids, or both. As the parent, I'd be ticked off and definitely NOT bring my kids back. What parent wants their kids in a situation that's not in their best interest?

The last two weeks will only get worse. It's time to close the door and walk away. Unfriend them from facebook, unfriend the other lady from facebook. Stop reading what they have to say. Let it go and move on. I wouldn't bother going after the last two weeks of care or money, either.

[cheerfuldom]

oh and I forgot to mention that with my termination policy (when I terminate, not the parents) , I give parents the choice to leave immediately OR to continue with the last two weeks care and of course, two weeks payment. For me personally, if I am at the point of terminating, it really is better to just be prepared to cut ties and move on so I always plan for them to leave immediately but for professional appearance, offer the two week option. I have never had a parent chose to keep their child in care for those last two weeks. No matter how your phrase the termination or how professional you have been for the previous care, parents will always be hurt or mad that you will no longer be providing care. I can understand this and that is why I offer the immediate termination option. Who really wants to keep sending their child to a place where they know that for whatever reason the provider does not want to continue to care for their child?

Now if a parent wants to terminate, I always insist on those last two weeks notice/payment. I had one parent years ago that through such a huge fuss that we compromised on them leaving immediately but providing one weeks payment in order to avoid a court situation. I could have fought for the second week but I take things case by case. In this situation, they were in the wrong to try and sneak out. But from their point of view, they were brand new parents that made a bad decision and I did feel that at the end of the whole thing, they realized that and we had a calm moment and a compromise.

[Sprouts]

Personally as a provider if I terminate the child it would make sense for parents to have the option of staying for two weeks until they find care (and obviously pay) or leave immediately and not pay last two weeks. It doesn't seem fare that provider is terminating care but requires payment either way. Only my opinion, but it's a good way to loose a possible future word of mouth referral if you leave on bad terms, and obviously it's causing stress seeing all of the back and forth convos.

[CheekyChick]

As a parent, I wouldn't bring them back for their last two weeks when you termed them because the little one is so unhappy. In this case, I would not charge them their last two weeks. I would send them on their way, wish them the best, and keep things as peaceful as possible.

[SilverSabre25]

Legally, you might have a case for the money and possible the defamation of character.

Morally, I don't think suing for either is a great option in this case. If YOU are the one terminating the contract then YOU are prepared to immediately go without the two weeks' pay. The point of requiring two weeks notice of termination is protect YOU in the event of a PARENT terminating. It is, however, entirely fair to give them the choice to keep using you for the last two weeks and to pay for it. But, if they choose not to keep using you, then no pay is required because this was expected--for you. You should have already planned to be without that income.

Furthermore, please think twice about taking her to court for the defamation of character. You will have a harder time winning that case, and it will only result in even more hard feelings, and even more of her bashing you. Will her Facebook comments, even with your 88 mutual friends, really end up hurting your business?