Do I Have A Case?

[JenNJ]

You terminated the contract. You gave the OPTION of her staying on for two more weeks. I don't think a judge will side with you and order her to pay for two weeks of care she won't use since it would be in the best interest of the child to find an alternate arrangement. JMO, but I doubt you will see a dime.

The defamation of character... I would print those out, hold onto them for now. Did either mom mention your name or your daycare's name? From what I see here, they didn't so no attack on your name. I could be wrong, but that's what I see.

Also, she is entitled to her opinion. You come here to vent. Mom goes to FB. Looks like previous DCB is the name caller, not current mom. It's not mature of her to do that, but people are defensive when it comes to their kids. I know I am.

[SilverSabre25]

Also...you should have terminated in person, not via a letter. JMO. That might be part of what has the mom so upset--that you didn't bother to do it in person.

[Sunshine44]

I agree with Silver. I think you should have at the very least mentioned something to mom in person. I would be seriously upset if my daycare provider did not say a word to me and then sent me a letter of termination.

[CrayolaKids]

My contract requires written notice AND this dcm is the type that would have flipped out no matter how I gave her notice, even if there were kids present. THAT is why I mailed the letter, and personally I don't see a problem in that. I'm NOT going to invite her to cause a scene in front of all of my other kids and I knew she would have if I had told her in person. I'm not out to protect her feelings and if she didn't like HOW I gave her notice that's too bad! I'm doing my job in protecting these little kids in my home..and that is what I was doing. As a parent, I can see her point in not WANTING to pay. BUT she signed the contract stating that she had to regardless of who gave notice.

It doesn't matter anyways, I text her telling her that I would drop the 2-weeks payment if the facebook posts were taken down today and she agreed. Win-win for all I guess, but I will be damn sure to let any providers know that inquire about them that they don't honor their contracts.

[momofboys]

My contract requires written notice AND this dcm is the type that would have flipped out no matter how I gave her notice, even if there were kids present. THAT is why I mailed the letter, and personally I don't see a problem in that. I'm NOT going to invite her to cause a scene in front of all of my other kids and I knew she would have if I had told her in person. I'm not out to protect her feelings and if she didn't like HOW I gave her notice that's too bad! I'm doing my job in protecting these little kids in my home..and that is what I was doing. As a parent, I can see her point in not WANTING to pay. BUT she signed the contract stating that she had to regardless of who gave notice.

It doesn't matter anyways, I text her telling her that I would drop the 2-weeks payment if the facebook posts were taken down today and she agreed. Win-win for all I guess, but I will be damn sure to let any providers know that inquire about them that they don't honor their contracts.

I think she should honor the contract she signed no matter who terminated the care, especially if you were willing to continue to provide care for that 2-week period. I would make sure you let her know that based on her FB posts you could have sued for libel. Ridiculous for her to slander you in that manner. Glad she is erasing the posts!

[littlemissmuffet]

I agree with the PPs who say give two weeks notice out of courtesy, if they use it they pay and if they don't use it they don't pay. I personally would change your contract - you will have issues with this again.

[MrsB]

My contract requires written notice AND this dcm is the type that would have flipped out no matter how I gave her notice, even if there were kids present. THAT is why I mailed the letter, and personally I don't see a problem in that. I'm NOT going to invite her to cause a scene in front of all of my other kids and I knew she would have if I had told her in person. I'm not out to protect her feelings and if she didn't like HOW I gave her notice that's too bad! I'm doing my job in protecting these little kids in my home..and that is what I was doing. As a parent, I can see her point in not WANTING to pay. BUT she signed the contract stating that she had to regardless of who gave notice.

It doesn't matter anyways, I text her telling her that I would drop the 2-weeks payment if the facebook posts were taken down today and she agreed. Win-win for all I guess, but I will be damn sure to let any providers know that inquire about them that they don't honor their contracts.

Of course these are just my opinions for what they are worth.

I agree that written notice is always the way to go. However I think sending it in the mail would tick me off. I have always handed them written terminations letter. Also I can understand why the mother would be mad if you have had no communication with her about her daughter not adjusting. How long have you watched these girls? However, if you have been communicating with her than she should have seen it coming, so her bad.

I also think you could probably win if you offered to provide care for 2 weeks while she found somebody else to recoup the 2 weeks pay. But I am not sure it is worth it in this case.

My only concern in the situation you told is if you were worried about your and the children's safety in directly handing her a termination letter, why would you offer to continue caring for the girls for 2 more weeks? If I am ever concerned for my or the kids safety, the family gets terminated immediately, whether I have evidence to back it or not. Just me though!

[CrayolaKids]

I have cared for the older child for over a year, and the infant for 6 months now. The infant has had problems since she was about 4 months old and I have told the parents numerous times that she isn't adjusting to the schedule, she screams non-stop and nothing will help. I wasn't worried about her kids' safety while here, I was more-so worried about what I would have been subjecting my other kids to if I handed her the termination in person.

I will be changing my contract to state that if I give a two weeks termination, they will have to option to stay for the remaining two weeks or leave immediately and not pay anything. I think the point that I was trying to convey..that obviously wasn't very clear by the responses I got..was that she had signed the contract stating that she had to pay. So she KNEW she had to pay, but didn't want to. I'm not a confrontational person by any means, but if this were any of my other parents I would have given it to them in person. I've had issues with this particular parent before so I knew she would be ticked off no matter how I did it. This was the best option for the integrity of everyone involved..mainly the kids. She is the type that had I handed it to her in person, she would have opened it up and exploded right there instead of waiting to get home. Again, this shouldn't have come as a surprise to them, as I've talked about the MANY rough days that this baby has been having. OH WELL, I guess. You live and learn..and move on. It's a new week and I don't have a crying baby anymore and on an even more positive note, I have a new toddler starting this week as well so I won't be out of the income at allhappyface

[MrsB]

I have cared for the older child for over a year, and the infant for 6 months now. The infant has had problems since she was about 4 months old and I have told the parents numerous times that she isn't adjusting to the schedule, she screams non-stop and nothing will help. I wasn't worried about her kids' safety while here, I was more-so worried about what I would have been subjecting my other kids to if I handed her the termination in person.

I will be changing my contract to state that if I give a two weeks termination, they will have to option to stay for the remaining two weeks or leave immediately and not pay anything. I think the point that I was trying to convey..that obviously wasn't very clear by the responses I got..was that she had signed the contract stating that she had to pay. So she KNEW she had to pay, but didn't want to. I'm not a confrontational person by any means, but if this were any of my other parents I would have given it to them in person. I've had issues with this particular parent before so I knew she would be ticked off no matter how I did it. This was the best option for the integrity of everyone involved..mainly the kids. She is the type that had I handed it to her in person, she would have opened it up and exploded right there instead of waiting to get home. Again, this shouldn't have come as a surprise to them, as I've talked about the MANY rough days that this baby has been having. OH WELL, I guess. You live and learn..and move on. It's a new week and I don't have a crying baby anymore and on an even more positive note, I have a new toddler starting this week as well so I won't be out of the income at allhappyface

I'm so glad it is working out for you! A "screamer" baby can wear on even the best provider! I would have termed too!

I didnt mean for the safety of her kids, I meant for the safety of the kids at your home. Even so, I think it would have been better to call her to know the letter was coming. But all is well! Feels good to move on doesnt it?happyface

[MarinaVanessa]

If your contract states that a 2 week written notice is required and that payment is also required whether or not the child attends then yes you have a case. You gave them a 2 week notice as you were required to do and you were willing to care for the child during those 2 weeks so that they could find another DC. They chose not to return the child, it was their choice. If the reasons for terminating were reasons that they were already aware of then there shouldn't have been any reason for them to discontinue taking their child to you, afterall they were already aware of the issue and were not already concerned before so why now? Because they are now upset that you terminated them? Perhaps.

You should weigh your options. Do you have a clause in your contract or policies that say that they are also responsible for paying any court costs and other costs assiociated with you trying to collect money that is due to you? I really hope so so that you're not out on these costs either. If you don't then add them now. Then determine how much you will be out including the fees for the 2 week period. If the amount seems worth you taking a day off to go to court then do so. Before you do that send one certified letter explaining that you were willing to offer child care during the last 2 weeks, that they chose not to do so, quote the contract and explain that they are still responsible for that amount including the late payment fee and clarify how much it is. Give them a date to repond and pay by and require that all further communication be done in writing only. Don't answer their calls and keep any messages and voicemails that they leave if they call.

Once you go to court and if you win if they don't pay up then you can send the account to collections. If you do this I would call around to the different collection agencies to see which one id better. Some keep a percentage once they collect money and others will pay you a part of what is owed to you right off the back whether they collect or not. You can also report their account to ProviderWatch.com for free whether you've gone to court or sent them to collections or not. Provider Watch is like a financial reporting agency but it's catered specifically to child care providers and it's free to report someone.

[wdmmom]

Do I think you have a case???

From a legal perspective, yes. As long as you have a signed contract, you should be in the clear. You haven't breached the contract, you have simply stated that the DCK is unhappy and rather than letting it go on, it's better to cut ties. That's about as nice as you can cut it. You are looking out for not only yourself, but the child.

Your best bet is to send out a "final notice" to the families home. Send it certified and state they have 5 business days (or however long you choose) to pay the final payment of $____. Failure to do so will result in filing a small claims case potentially costing you much, much more. Make sure you say this!!!

If you don't receive your final payment, I would file a claim and request not only the original amount but late fees, court costs, filing fees, etc. It'll teach her a lesson not to screw over her next provider!

[SunshineMama]

I have been in your situation, same 2 week contract too. Yes technically you have a legal case, but the parents could also have a case and say they had no other choice. I didn't make my dcp's pay up- sometimes its not worth your stress and sanity kwim?