Rookie Mistake

[KnoxMom]

I termed a family 2 weeks ago and in my contract it states that they must pay the last 2 weeks of care whether or not they attend. Well they left me the same day I termed them.
I also stated in a letter the day of termination about payment whether they attend or not.
Needless to say upon picking up that day they did not have payment but said it would be in the mail. It has not come, no surprise. Rookie mistake on my end.. I should've collected it upon starting and will from now on.

You said they knew a month in advance that you would be terming before you provided the papers, correct? It appears that you gave them enough notice and if they decide they don't want to stay for the amount of time you are still willing to give care, by the contract they are responsible. From a mother's standpoint, though, I would not want to leave my infant anywhere they were not capable of receiving optimal care or were otherwise not wanted and would leave ASAP. What she should have done, however, was let you know when her final date would be so that you would have your two weeks notice to fill the spot and there would be no frustration about paying for care that was not provided. Good luck!

[Kym2098]

I termed 2 weeks ago but told them in the term letter I would give them a full month to find new care so the end date in my letter was March 14th.
Thanks!

The issue with this IMO is the specific wording in the termination letter. You said they knew a month ago but you termed them 2 weeks ago? When you termed, what date did you say would be your final day of care? If the family quit before then, they are fully responsible for tuition. However if you gave them an abrupt end date in the notice, the courts may be sympathetic toward the family because they did not choose to end the business relationship. They may also argue whether or not the wording in your contract was ambiguous or otherwise difficult to understand or justify. Hopefully you have everything in place to prevent any question marks about court outcomes and at the mention of the word "collections" they may change their tune about payment anyway. Good luck to you!

[MyAngels]

I guess because there would be a lot involved.. Or at least I thought there'd be.. Never been to court.. But assume I'd need a lawyer and that'd cost $$$..

Small claims court is actually supposed to be used for cases that are relatively small dollar amounts and not complicated. Most jurisdictions actually encourage claimants not to use an attorney. It's easy to file. Typically the only upfront costs are for the filing and service fees, which you would get included in your judgment amount (assuming you win).

I believe all providers should fully enforce their contracts even if it means going to court over it. After all, there's really no sense in having a contract if it won't serve it's purpose

[Kym2098]

Small claims court is actually supposed to be used for cases that are relatively small dollar amounts and not complicated. Most jurisdictions actually encourage claimants not to use an attorney. It's easy to file. Typically the only upfront costs are for the filing and service fees, which you would get included in your judgment amount (assuming you win).

I believe all providers should fully enforce their contracts even if it means going to court over it. After all, there's really no sense in having a contract if it won't serve it's purpose

Thanks! I didn't realize it could be so easy! I appreciate your advice!

[Sprouts]

I am curious what your contract says about you terminating care and about payment if YOU terminate.

I know this wont be what you want to hear but I do not think you should require 2 weeks payment if you terminate. You essentially told them that you cant handle their child and dont want them there anymore but, oh by the way, I still want two more weeks of income whether you come or not. YOU choose to term. I understand the parents taking their kid and not coming back. Who would when the provider basically said they dont want their kid there anymore? And why would a parent willingly pay for two weeks of service they arent going to use to someone that ended the business relationship?

I know this isnt exactly your question.

but I think you should rethink the payment terms when you terminate care and let this one go.

I actually agree with you on this one, I would be relieved that they left more then anything. If I was that stressed out I wouldn't even want their money , even though u were willing to stay with the baby I'm sure u didn't want he baby there another day

Give them the cookies, it's better to leave on better terms then to start something not even worth it. Maybe they will come back when the child is older or reccomend you to someone else instead of bad mouth you