Ugh!

[Breezy]

DCF of my screamer termed care at the beginning of the month because her schedule changed to ALL weekend days. This was the text I got from her on August 2nd after DCG had not been here for 2 days because they had flooding in their house and DCM had to stay home,

Her: "I just found out some news at work....like 2 mins ago..."
Me: "Oh! I hope its good news!"
Her: "They are changing my schedule to less days during the week. It will be mostly if not all weekends."
Me: "Ok, so what does that mean for daycare?"
Her: "Well, I will need less days. You need to let me know if you can do that schedule or if I need to make different arrangements."
Me: "I will not be able to accommodate a schedule of all weekends. I would be happy to continue to care for her until you do make different arrangements, though. My policy on leaving care (as outlined in your contract) is Two weeks written notice is required any time after the 14th day of care. Fees will still be due if you withdraw your child before notice is given, or at any time during the notice. Two weeks fees may be paid in lieu of the two week notice."

Never heard a word back from her. I contacted her again on Saturday the 4th to see if she had made a decision one way or the other... STILL nothing.

So, I sent them a notice letting them know that they owe $310.00 (normal fees plus late fees) and if they paid by Friday August 24th I would waive fees. If not, I would send everything to collections and they would be responsible for ALL fees and those incurred by attempt to collect the debt.

She texts me today and says that she contacted her attorney and he looked over the contract and told her that she is not required to uphold it since I was the one that told her I could not accommodate her new schedule. There for I voided the contract in the first place and she is not required to pay or do anything AND she can file a complaint against me. She also told me that her schedule changed because I was unreliable. REALLY lady? Unreliable because I won't let you change your schedule less than 8 hours before you are due to drop your child off?? Because I require NOTICE for changes.

I bent over BACKWARDS for this family to accommodate weekends occasionally (which was always to be on a DROP IN basis- if I could) and evenings frequently (12-9).. Obviously HUGE mistake to give special because they didn't see it as special.

But really? WHY would I have you sign a contract if you didn't have to uphold it?? Oh YOUR schedule changed and YOU need to find alternate care so you get to just leave without another word to the person that has cared for your child for the last 10 months?? I see.

[Country Kids]

I love having Tom on here and wish there was a way to have lawyer on here. I wonder if Tom could answer if this lawyer was correct or not?

Also, what kind of complaint would she be file against you and with who? I'm so sorry Breezy that it turned out this way. I wish you could have a lawyer look it over and let you know if thats correct or not.

[Blackcat31]

I call B.S.

Unless she has an attorney friend who is working for free, most attorneys cost more than what she owes you.

I would call her bluff and continue to try and collect the money.

Send her a text saying that you are sorry she feels that she doesn't owe you. Tell her she still has until the 24th to pay in full or you will continue trying to collect the money owed in whatever ways are necessary.

I would be inclined to mention that you also have all the text conversations between the two of you and you stand by the contract that she signed.


Funny how things are good with a family until they don't get what they want. :confused:

[Blackcat31]

I love having Tom on here and wish there was a way to have lawyer on here. I wonder if Tom could answer if this lawyer was correct or not?

Also, what kind of complaint would she be file against you and with who? I'm so sorry Breezy that it turned out this way. I wish you could have a lawyer look it over and let you know if thats correct or not.

FYI, Tom IS a lawyer.

Here is a great article about parents who leave owing you money. http://www.tomcopelandblog.com/contracts-policies/

[JenNJ]

It is really cheap to file with the court. Or send her to collections and ding her credit.

[Country Kids]

FYI, Tom IS a lawyer.

Here is a great article about parents who leave owing you money. http://www.tomcopelandblog.com/contracts-policies/

Whoops!!! I didn't know that- I thought he was, well I'm not sure I knew what he was for sure.

Do you think he could answer her question though and say if she has a case or not?

[Nickel]

Im so sorry you are going through this! I cant believe how incredibly rude families are ! And how is that a viable reason to disregard a contract! So if i ask the bank to change my pay date to the 15th instead of the 1st and they say no i no longer have to pay for my car? Because they cant accomodate my new schedule? That sounds like a bunch of bs. Did she actually got to a lawyer or did a friend tell her that? It doesnt sound logical to me, but then what do i know! People are real scumbags (to put it nicely)

Sorry again i hope the rest of the week goes better for you!

[KBCsMommy]

I recently went through a similiar situation with a family that also refused to pay their two weeks notice. They told me that if I took them to court to collect fees or sent them to a collection agency they would call and file a complaint on me. In California a complaint stays on your record even if it is unfounded. I just let it go, it wasn't worth it to me to have any kind of complaint on my license.

I have never required a two week deposit until this situation. My new family I enrolled have paid a 2 week deposit that I put in savings. I will always require a 2 week deposit from now on, even if they have to make it in payments.

[KBCsMommy]

If Barbara owes you money for failing to give you a two-week notice upon leaving, your chances of winning in court are more problematic. Legally, you should win since she violated your contract. Unfortunately, some judges will listen to a parent complain about the care her child received, and not enforce the contract. Your best defense in court is to tell the judge: 1) Barbara never complained about care before she left; 2) Barbara never made a complaint to licensing; or 3) licensing said the complaint was unfounded.

This is taken from the second article of Tom's. And why I chose to just change my policy rather than go after the parent.

[MyAngels]

DCF of my screamer termed care at the beginning of the month because her schedule changed to ALL weekend days. This was the text I got from her on August 2nd after DCG had not been here for 2 days because they had flooding in their house and DCM had to stay home,

Her: "I just found out some news at work....like 2 mins ago..."
Me: "Oh! I hope its good news!"
Her: "They are changing my schedule to less days during the week. It will be mostly if not all weekends."
Me: "Ok, so what does that mean for daycare?"
Her: "Well, I will need less days. You need to let me know if you can do that schedule or if I need to make different arrangements."
Me: "I will not be able to accommodate a schedule of all weekends. I would be happy to continue to care for her until you do make different arrangements, though. My policy on leaving care (as outlined in your contract) is Two weeks written notice is required any time after the 14th day of care. Fees will still be due if you withdraw your child before notice is given, or at any time during the notice. Two weeks fees may be paid in lieu of the two week notice."

Never heard a word back from her. I contacted her again on Saturday the 4th to see if she had made a decision one way or the other... STILL nothing.

So, I sent them a notice letting them know that they owe $310.00 (normal fees plus late fees) and if they paid by Friday August 24th I would waive fees. If not, I would send everything to collections and they would be responsible for ALL fees and those incurred by attempt to collect the debt.

She texts me today and says that she contacted her attorney and he looked over the contract and told her that she is not required to uphold it since I was the one that told her I could not accommodate her new schedule. There for I voided the contract in the first place and she is not required to pay or do anything AND she can file a complaint against me. She also told me that her schedule changed because I was unreliable. REALLY lady? Unreliable because I won't let you change your schedule less than 8 hours before you are due to drop your child off?? Because I require NOTICE for changes.

I bent over BACKWARDS for this family to accommodate weekends occasionally (which was always to be on a DROP IN basis- if I could) and evenings frequently (12-9).. Obviously HUGE mistake to give special because they didn't see it as special.

But really? WHY would I have you sign a contract if you didn't have to uphold it?? Oh YOUR schedule changed and YOU need to find alternate care so you get to just leave without another word to the person that has cared for your child for the last 10 months?? I see.

What does your contract say about you terminating the contract?

[Breezy]

Will respond with rest of our convo after I get kids down

[Fruitloops1]

I am so sorry this is happening!! Its the exact reason I require a 2 week deposit, Non refundable. Once they pay the deposit and turn in my required forms I hold there spot. If they change their mind, they can walk away or use the two weeks. I doubt she went to a lawyer, you are not REQUIRED to accommodate their schedule. Only the schedule that is originally agreed upon. Did you have her sign something that states what her schedule is?

[saved4always]

I am sorry this person is giving you a hard time. I don't have any legal wisdom on contracts and thier enforcebilty but, your situation just shows that even the best daycare family can turn ugly when you don't do exactly what they want. It is why I would never bend over backwards for any daycare family. I hope this works out for you.

[countrymom]

she's full of b.s. You can't accomodate her because your not open during the hours that she needs, your not mcdonalds. I would call her bluff and send her to collections, don't back down, because she's mad. Oh make sure you save every convo with her, and ask for her lawyers name, tell her that licensing would like to know their name to write it down in their files.

[Breezy]

UGH I just typed up everything and accidentally hit back!!

Ok, I am not typing it all out again because I said A LOT so heres the gist.

ME: I basically told her that it was never brought to my attention that she had any concerns about my care until this very moment. I keep records of all correspondence for that reason.

HER: "It wouldn't have mattered if I told you why or not... its really not your problem as you seem to be saying.. so apparently we r at a cross roads."

ME: I let her know if she had voiced her concerns we could have talked them out then. I was/am under the impression that she was perfectly happy with my care and her schedule changed to hours I could not commit to. I was more than willing to care for DCG during the notice period but SHE chose not to use me anymore

HER: "I sure did because you proved to be unreliable and I can't have that. So my attorney will handle it from here and I will decide how to proceed further when discussing it with him"

SO, she basically contradicted herself and said that she didn't choose to take her out of care but now she is saying she did choose because I am unreliable?

Hmm, really. Sorry that I wouldn't let you change your schedule when you texted me on a Friday asking if I would watch her Saturday when she was not scheduled 'til Monday. No I had plans to go see family in a different city. Sorry I am SO unreliable.