Ugh!

[Breezy]

What does your contract say about you terminating the contract?

Termination
The first two weeks of childcare are an adjustment period. It is my responsibility to let you know if your child seems unhappy or the arrangement is unsatisfactory for any reason. It is your responsibility to let me know the same. You or I can terminate the contract at any time during the adjustment period in writing on or before the 14th day of care begins.
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. Termination notice will NOT be accepted while provider or parents are on vacation.
I will provide you with a two week written notice if I am no longer able to care for your child. You are still responsible for paying these fees during the notice regardless of whether your child attends or not.

[pootmcgoot]

This is a huge reason why I quit. I sold all daycare stuff and bought a new couch. The parents are enough to cause a nervous breakdown.

[DayCareDynasty]

So Sorry Breezy, that you are experiencing this! Suggestion: Don't Delete your text correspondence with her, keep them and print them out incase you decide to take her to court. You have proof of her contradicting herself which was the main reason according to her "lawyer" that she didnt have to pay!

Nickel, that is a very good realistic example

I second the 2wk deposit!

[providerandmomof4]

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.

I feel exactly the same way, about making exceptions for people, I just don't do any favors or bend my policies anymore. Too many times they made me regret it and don't appreciate it. Then I felt bad about being taken advantage of. Not any more....It's too bad it has to be that way.

[countrymom]

if she was so unhappy with your care, then why didn't she take her child out of her care right away.

[MyAngels]

Termination
The first two weeks of childcare are an adjustment period. It is my responsibility to let you know if your child seems unhappy or the arrangement is unsatisfactory for any reason. It is your responsibility to let me know the same. You or I can terminate the contract at any time during the adjustment period in writing on or before the 14th day of care begins.
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. Termination notice will NOT be accepted while provider or parents are on vacation.
I will provide you with a two week written notice if I am no longer able to care for your child. You are still responsible for paying these fees during the notice regardless of whether your child attends or not.

There you have it. Even if a judge were to agree that your text indicating that you could not provide weekend care constitutes "written notice" she still owes the remaining two weeks of care, plus any late fees that are noted elsewhere in your contract.

It's almost always my opinion in cases like this to go after any unpaid fees. Save the texts, go to court, get a judgment and vigorously collect said judgment, or turn it over to a collection agency if you have the verbiage in your contract about the client being responsible for the fees.

[sahm2three]

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.

Are you open on the weekends? Did she normally bring her child on the weekends if you were open on the weekend? If no to both of those questions, then BS. I hope Tom can weigh in.

[Breezy]

Are you open on the weekends? Did she normally bring her child on the weekends if you were open on the weekend? If no to both of those questions, then BS. I hope Tom can weigh in.

She had a retail schedule so once or twice a month I took her on the weekends. It was always agreed it was on a drop in basis. Only if I was able to.

[MarinaVanessa]

She had a retail schedule so once or twice a month I took her on the weekends. It was always agreed it was on a drop in basis. Only if I was able to.

What does your contract with her say about this? This could be the ticker. If it says exactly what you said then you should be fine because technically she wanted to change the schedule not you therefore she was voiding the contract not you. Her needs changed, not your availability. Weekend clients are tough which is why I consider weekend days solely as drop-in and separate from weekly childcare. This way if I am unavailable on weekends I don't have this problem you are having now.

If however you don't specifically state how many weekends is included with your contract with this family then you could have a hard time of proving she was at fault.

I would contact her simply to request her lawyers information because you have questions and need to communicate with them.

[daycare]

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:

ditto this!!!

didnt you say the mom worked retail? I don't know of any retail jobs that pay enough money to hire an attorney....

[Nickel]

oooooowwwww. I like the idea of asking for her lawyer's information so that you may contact him directly. Or have your own legal council contact him directly! It's a way to see if she is lying. kwim! Teeheehee!!!!

[Breezy]

ditto this!!!

didnt you say the mom worked retail? I don't know of any retail jobs that pay enough money to hire an attorney....

Yep she works at Walmart

[Breezy]

What does your contract with her say about this? This could be the ticker. If it says exactly what you said then you should be fine because technically she wanted to change the schedule not you therefore she was voiding the contract not you. Her needs changed, not your availability. Weekend clients are tough which is why I consider weekend days solely as drop-in and separate from weekly childcare. This way if I am unavailable on weekends I don't have this problem you are having now.

If however you don't specifically state how many weekends is included with your contract with this family then you could have a hard time of proving she was at fault.

I would contact her simply to request her lawyers information because you have questions and need to communicate with them.

She was contracted Monday-Friday 7-4.

[daycare]

Yep she works at Walmart

maybe walmart has lawyers now too along with all of those fancy medical benefits they give their employees..... yea I am say BS....

However, I think that this just might be a losing battle. If I were you, I would just call it a loss. This family has no lawyer, no money and if you take them to court its going to be more work, time and money for you that this family owes.

[Lucy]

I only read about half of the replies, so forgive me if I'm repeating something...

I don't mean to be contradictory, and I'm not trying to take the "other" side, but just playing Devil's advocate here. If you look at it this way, YOU are actually terminating the relationship. I'm assuming you've done at least some weekend care for her, but you don't want to do all weekend care? So you are saying that her schedule no longer works for you, and you no longer wish to care for her child because of it.

I would really need to read the entire contract to see just how it is worded, but it seems to me she has a case here. And if she is already threatening "telling on you" (eye roll), then she's one of those wacko parents who just might make things miserable for your business. I would definitely NOT engage in a back and forth with her. If you really feel that you are right, I would try to find an expert of some sort who could look at your contract for a reasonable fee, and give you some advice on how to proceed.

Sorry, I really am not trying to be argumentative, but this is how I see the situation. I really do wish you the best. Difficulties with parents really ****s!!

Edited to Add: This quote -- "I will provide you with a two week written notice if I am no longer able to care for your child. You are still responsible for paying these fees during the notice regardless of whether your child attends or not." just may be what saves you!! Good job on including that. Usually, contracts do not include a clause that parents still owe the final 2 weeks (even if they choose not to attend) when the PROVIDER terminates care.