When You Don't Have An At-Will Contract

[allieannarbor]

The incident proceeding our current dilemma is outlined in my previous post, a WWYD scenario.


What do you do when you wrote your contract before being aware of Tom and his wisdom? We do not have at-will termination. We will starting June 2013 (everyone must reenroll and sign a new contract).

It is clear I have a family that takes issue with our program, by questioning our supervision policies (which our outstanding with our insanely low ratio) they do not trust us. They also took issue with how we addressed their concerns, concerns that when expressed included threats to our program. I cannot continue a positive relationship with them based on the stress and anxiety and strain they have caused.

How do I push them towards the door? We are verrrry careful in our handlings and our communications so that there will be no legal concern.

Tom suggested that we terminate them because of their threats and if they sued because we did not terminate them properly under our contract we are able to argue that it was to protect our business and repercussions and costs would be minimal. It's just not an action my husband and I can stomach, we see too many legal risks.

I found an earlier post from Blackcat with wording I like "It is extremely important that parents feel their child's caregiver is capable of providing a safe, nurturing and supportive environment.

At this time, I feel the necessary level of trust between caregiver and parent is not where it should be thus making a continued working relationship impossible."

[CozyHome]

Sorry, I don't know the history of this problem. However, I am very careful who I sign on as a daycare family and that is a learning curve that takes a few years to perfect. In my first year I terminated 2 clients and had one client run out without notice or paying their last week fees. It ****s, but we learn important lessons by going through this type of thing.

I learned to be extremely honest and up front at the interview stage. I learned that I don't want to sign on any more sketchy people and then suffer. If I have to interview 10 families and weed out 9 of them because they don't fit my expectations, so be it!

So many of my colleagues are always complaining about their daycare families but I can honestly say that mine are fantastic. I talk to them daily about anything and everything and keep them up to date on anything I need them to help out with at home so we can get their child through phases which are bound to happen.

So, whatever you decide to do, good luck to you and learn and move on and really read the 'red flags' at your next interviews so you attract better clients. The last few families I signed on told me they really appreciate my honesty and help and advice so I know I've perfected my skills during the interview.

[MamaBearCanada]

If you can't term, but want them to leave could you try:
- raising your rates
- cutting back your offered hours of care
- telling them you are downsizing

I'm sorry you are in such a difficult position.

What exactly does your contract say about terming? Is it just that you want to avoid the notice period? I'm not clear on why you can't just be vague and say:

For personal reasons I will no longer be able to provide care for Johnny after x date. I wish you all the best in the future. Etc.

[Blackcat31]

The incident proceeding our current dilemma is outlined in my previous post, a WWYD scenario.


What do you do when you wrote your contract before being aware of Tom and his wisdom? We do not have at-will termination. We will starting June 2013 (everyone must reenroll and sign a new contract).

It is clear I have a family that takes issue with our program, by questioning our supervision policies (which our outstanding with our insanely low ratio) they do not trust us. They also took issue with how we addressed their concerns, concerns that when expressed included threats to our program. I cannot continue a positive relationship with them based on the stress and anxiety and strain they have caused.

How do I push them towards the door? We are verrrry careful in our handlings and our communications so that there will be no legal concern.

Tom suggested that we terminate them because of their threats and if they sued because we did not terminate them properly under our contract we are able to argue that it was to protect our business and repercussions and costs would be minimal. It's just not an action my husband and I can stomach, we see too many legal risks.

I found an earlier post from Blackcat with wording I like "It is extremely important that parents feel their child's caregiver is capable of providing a safe, nurturing and supportive environment.

At this time, I feel the necessary level of trust between caregiver and parent is not where it should be thus making a continued working relationship impossible."

I would think that since there IS a trust issue, that you could easily term based on the lack of trust. I think that trust between caregiver and family is IMPLIED due to the nature of the contract and agreement in the first place and shouldn't have to be spelled out in a contract.

I would term them using those words and still give them the option of two weeks of whatever your contract specifies.

They really can't come back and sue you for breach of trust if they continue to bring their child for the final two weeks.

If they choose not to bring the child for the final two weeks and stil try to sue you, I cannot see why a judge anywhere would force either a daycare provider or a parent to continue on in a relationship where there is zero trust. Kind of makes them look like bad parents if they went with that idea...kwim?

[MarinaVanessa]

There are good responses above all of which could help you with this family.

I was thinking about your situation and how you're legally cautious about this DCF. It's actually a little similar to the way tenant laws in CA are sometimes handled. Here landlord's can't legally deny you or evict you from tenancy just because you do daycare for fear of being sued so they evict or deny because of some other reason. You can try that.

I'm sure you have policies in place so at any time that this family breaks any of your policies you can give them a warning notice. If they are late in picking up or in paying give them a written notice, if you have a "no toy from home" policy and they bring one, give them a written warning, if you have an illness policy and the child is send to daycare and shows signs of exclusion give them a written warning etc. Keep a copy for yourself for documentation purposes and if you get 3 or more then give them a termination notice (whatever your policy states; 2 weeks etc) for "breach of contract" by not following your policies. It will still take some time but at least you will have a viable reason for termination.

In the meantime I would send out a notice of amendment for your contract and have it come into effect in 2 weeks with a "terminate at will" policy. Just because you already sent out your policies doesn't mean you can't amend them again now. Just have a parent sign-in log saying that all the parent's received the notice.

Here's what I have. I'm sure others can share theirs too.

Provider Termination
In most cases the childcare provider will give a two weeks’ notice in writing if she needs to cancel the contract. The childcare provider however has the right to terminate the contract at any time without notice if the client should breach the contract by failing to follow any of the policies in the contract and policy handbook. These circumstances include, but are not limited to:
 Failure to comply with the policies set forth in the contract or handbook.
 Contesting and/or attempting to negotiate the fees, contract and/or policies.
 Failure to complete required forms by their required due date.
 Disruptive, disrespectful or hurtful behavior by a child or client that persists.
 Intentionally and/or frequently bringing a sick child to the daycare.
 Bringing a child to daycare after giving fever/pain reliever.
 Non-payment of tuition and/or fees or persistently late and/or recurring late payment fees.
 Deliberate disrespect or damage to the childcare provider, other daycare families, the home, family, furnishings or other belongings by a child, client or other person which picks the child up.
 Any behavior by a client that poses a possible risk to the other children in care such as (but not limited to) being under the influence of drugs/alcohol.
 Failure to bring a child for five days in a row without any communication.
 Scheduling conflicts.
 The inability to meet a child’s needs without additional staff, equipment and/or remodeling of the home.

[allieannarbor]

Well, I have a conclusion (we anticipate one more heated reply from them but for the most part there is resolution).

In an email communication they essentially expressed displeasure with us and opened it up in a way we felt we could release them from their contract. Going off of Blackcat's words on trust we stated that it was no longer a positive working relationship.

that's that.

New contract for a new year coming, and lessons learned!

[Blackcat31]

Well, I have a conclusion (we anticipate one more heated reply from them but for the most part there is resolution).

In an email communication they essentially expressed displeasure with us and opened it up in a way we felt we could release them from their contract. Going off of Blackcat's words on trust we stated that it was no longer a positive working relationship.

that's that.

New contract for a new year coming, and lessons learned!

Glad you are able to start the new year with some positives!

[MarinaVanessa]

Well, I have a conclusion (we anticipate one more heated reply from them but for the most part there is resolution).

In an email communication they essentially expressed displeasure with us and opened it up in a way we felt we could release them from their contract. Going off of Blackcat's words on trust we stated that it was no longer a positive working relationship.

that's that.

New contract for a new year coming, and lessons learned!

Hopefully they can now just move on and let things lie. I still don't understand how a parent that is obviously SUPPOSEDLY so uncomfortable with the daycare's way of handling things or the situation could possibly want to keep their child enrolled there . They just seem like high needs clients to me.

KUP - hopefully it all works out well for you.