Advice Again With Problem Family

[jokalima]

Ok, so I've mentioned my "rich/poor" family here before and I think I've also mentioned that they are about to leave in mid month ( June ) and I have a baby coming in for one of their spaces. Well, they've done it again, does not matter that they are about to leave they keep pushing my buttons.

If i just could stick to my contract it will make it all much better, but I am so upset right now. We had a verbal agreement ( contract says has to be written ) but we did it verbally and I was fine with it. So the agreement was that they would pay up to the second week of June and then use their deposit money for the following 2 weeks. I did tell him that I had a potential family interested for the mid of June and that if I needed the space I will let them know so they could leave earlier. Couple weeks after I told him I did not need the space until 1st week of July. So last week they did not pay, I ask him today at pickup and he said that he did not pay because he is using his deposit money for this week and next week So I told him that he did not gave me the 2 week notice and he answered that I had told him that I MIGHT need the space so they decided at home to cut it short and use that deposit for this week and next. I told him "Remember I told you I did not need the space, you messed all my plans up, you should have given me the 2 week notice" And he said that he did going back to the possible family for mid June.

Like I said in my other thread I am very bad with the business part and even though is in the contract I fear that if I term them tomorrow w/out giving back the deposit money they will take me to court and I will definitely be a mess if that happens even if I am right.

advice, I know I should term, never done it before... how? what do I say?

[cheerfuldom]

Is there a reason why you arent willing to work till mid June? wasnt the deposit to go to their last two weeks care anyway? I guess I dont see what the problem is outside of them leaving sooner than planned. but isnt that a good thing?

[jokalima]

Maybe I expressed my self wrong...I am willing to work till June, it is a bad thing because my finances get all messed up and now even more that all my kids are moving to school @ the end of summer

[TheGoodLife]

What is your written termination policy? 2 weeks or 4 weeks? That is what you should go by- legally.

[jokalima]

2 weeks, but have never done this before I just get to nervous in fear of confrontation. So tips, anything that helps would be great.

[Crazy8]

What grounds would you be terming them now and withholding their deposit?? I understand there were a lot of problems here - but most of them stem from you not following your contract, getting things in writing, etc. You were the one that brought up them leaving mid-june, so to them its like you gave them that "option".

I would honestly chalk this up to a lesson learned and now get EVERYTHING in writing and follow the contract you spent time creating!!

[cheerfuldom]

If you were planning on terming anyway and you are worried about finances, why not just watch this child for the remaining two weeks? If you have been unclear about the rules and there was confusion with the verbal agreement (you basically broke your own rules) then I wouldnt even try to back track and fix anything now. I would just watch this family for remaining two weeks and then part ways. Just consider this whole situation as a lesson learned. Double check that your contract is clear and then follow your own contract. If you need help, post your contract or portions of it and we can comment on it.

[jokalima]

I think you still don't understand, i went back and read and can't fin out where the confusion is, but I will try to explain. I never told them I had a problem taking care of their children in June, I raised my rates and they decided they were not going to pay me that so they told me they were staying until June 20th, using the weeks of the 9th and the 16th as the 2 week deposit. I had a potential family for mid June so I let them know that in the case that this family confirmed enrollment, I would let them know so they could leave earlier than the 20th. When I knew that I did not needed the space I let him know and still the date was June 20th, then today when I ask for payment he tells me that next week is the last week not the 20th, that he talked at home about with wife and decided to do it like that, no notice to me at all. If i don't ask for the payment today I would still not know.

As for contract it says 2 weeks written notice or deposited forfeited. It also says that Failure by the provider to enforce one or more terms of the contract does not waive the right of the provider to enforce any other terms of the contract.

[Cradle2crayons]

I agree it's messed up because you did a verbal and not written.

From where I stand you left it pretty open. I would simply clarify the last date of care to be the middle of June etc and since you agreed to let them use that deposit, they are doing just that.

I know you hate to hear it but ate the point of contracts and keeping things in writing.

Regardless of messing up your finances, I think it's too late. Too term them now wouldn't make sense... For what exactly??

I think I'd type up so etching saying x is the end of care and you are applying their deposit for the last two weeks.

Lesson learned

[Cradle2crayons]

I think you still don't understand, i went back and read and can't fin out where the confusion is, but I will try to explain. I never told them I had a problem taking care of their children in June, I raised my rates and they decided they were not going to pay me that so they told me they were staying until June 20th, using the weeks of the 9th and the 16th as the 2 week deposit. I had a potential family for mid June so I let them know that in the case that this family confirmed enrollment, I would let them know so they could leave earlier than the 20th. When I knew that I did not needed the space I let him know and still the date was June 20th, then today when I ask for payment he tells me that next week is the last week not the 20th, that he talked at home about with wife and decided to do it like that, no notice to me at all. If i don't ask for the payment today I would still not know.

As for contract it says 2 weeks written notice or deposited forfeited. It also says that Failure by the provider to enforce one or more terms of the contract does not waive the right of the provider to enforce any other terms of the contract.

Oh ok I see what you are saying..as with the verbal agreement, this week and next week would be paid regular, and then the weeks preceding the 20th would be paid via deposit...am I understanding now??

So then e parents decided that this week and next week they are using deposits instead of what you agreed to,

[cheerfuldom]

I understand what happened and I still think you should just apply the deposit for the next two weeks and let them go. They may have misunderstood or maybe not but either way, they are ready to go so its not like terming them will do anything in particular to make your point. And because you were going back and forth verbally and because you never offered or required anything in writing regarding termination, I dont think that you would be able to take them to small claims court. You admit that you accepted a verbal termination the first time around for four weeks notice so its hard at this point to enforce a written notice and full payment now that they have changed the verbal agreement.

[jokalima]

Oh ok I see what you are saying..as with the verbal agreement, this week and next week would be paid regular, and then the weeks preceding the 20th would be paid via deposit...am I understanding now??

So then e parents decided that this week and next week they are using deposits instead of what you agreed to,

Yes, exactly , sorry for confusion maybe language barrier comes out bigger when frustrated.

[TheGoodLife]

If there's nothing in writing now, Id tell them that you had planned on those last 2 weeks, that they must pay for this week, but can write a letter of term to apply toward the next 2 weeks if they want and the deposit would apply for those weeks. Per contract, the termination must be in writing, correct (unless you want to cut them slack and let it slide of course)! Good luck happyface

[jokalima]

I understand what happened and I still think you should just apply the deposit for the next two weeks and let them go. They may have misunderstood or maybe not but either way, they are ready to go so its not like terming them will do anything in particular to make your point. And because you were going back and forth verbally and because you never offered or required anything in writing regarding termination, I dont think that you would be able to take them to small claims court. You admit that you accepted a verbal termination the first time around for four weeks notice so its hard at this point to enforce a written notice and full payment now that they have changed the verbal agreement.

Yesterday I was very upset and needed to vent. After breathing, taking a shower, eating, sleeping and relaxing I thought about what you said and it kinda makes sense. I do feel they are at fault here because they gave me the 2 week notice during one of those 2 weeks, but it is better to get it over with and be done with them. I feel I could have term them and kept the deposit because they did not follow contract but It will be having more trouble, so i will just let it be and hope this week passes fast and next week as well.

Thanks for advice...

Question, in order to avoid people giving me notice during the 2 weeks they want to be the last ones, how do i word in the contract that this cannot be done? I hope i am explaining my self ::

[TheGoodLife]

For me, I require 4 weeks notice, and then the deposit goes towards the last 2 (as long as they give appropriate notice) That way I have a warning before they use the deposit, and time to find new clients. Hope that answers your question!