I have a family that has been challenging my policy. I'm tired of it. I have a waiting list for his spot and have been thinking about terming them. My question is if I give them a letter saying such and such is his last day (30 days from notice) are they still required to pay me for those 30 days or can they pull him without payment? While I can fill his spot I know the family that is next in line already has their child in care and would probably need to give notice to their provider to pull their kid. I can't be out a months pay for this spot.
Term Question
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What does your contract say about withdrawl and termination?
Are you terming because the family broke your policies or because they continue to question and press you about them?
Also in my opinion the two week (or month or whatever) notice period is so that the provider isn't out income. If you are terming immediately, I don't think you should morally or ethically charge a notice period because you aren't willing to provide services.
If you charge, you should be willing to provide services.- Flag
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I'm willing to provide service during that time and expect to be paid. My contract states:
• Termination. This agreement can be terminated in the following ways:
• Either you or I may terminate it at the end of the trial period (first 2 weeks) for any reason by giving written notice of the intent to terminate.
• Either you or I may terminate it at any time for any reason by giving one month’s written notice. If you terminate this Agreement without giving me one month’s written notice, you must pay for an additional one month of child care, regardless of whether or not your Child is present in my Home.
• I may terminate it if you violate the terms of the Agreement, and I will terminate it immediately if your Child persists in behavior which is harmful to others or to your Child or damaging to property.
• If your child is absent from my child care Home for an extended period of time without payment of my fee, I cannot guarantee I will be able to hold an opening for your Child. In the event of an extended unpaid absence, I may give you written notice that this Agreement will be terminated unless you resume paying my fee.
So I guess, yea, by my policy they are required to pay whether the pul sooner or not. But how do you word that in the term letter?- Flag
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I'm willing to provide service during that time and expect to be paid. My contract states:
• Termination. This agreement can be terminated in the following ways:
• Either you or I may terminate it at the end of the trial period (first 2 weeks) for any reason by giving written notice of the intent to terminate.
• Either you or I may terminate it at any time for any reason by giving one month’s written notice. If you terminate this Agreement without giving me one month’s written notice, you must pay for an additional one month of child care, regardless of whether or not your Child is present in my Home.
• I may terminate it if you violate the terms of the Agreement, and I will terminate it immediately if your Child persists in behavior which is harmful to others or to your Child or damaging to property.
• If your child is absent from my child care Home for an extended period of time without payment of my fee, I cannot guarantee I will be able to hold an opening for your Child. In the event of an extended unpaid absence, I may give you written notice that this Agreement will be terminated unless you resume paying my fee.
So I guess, yea, by my policy they are required to pay whether the pul sooner or not. But how do you word that in the term letter?
This is written notice of cancellation of our child care agreement contract.
The last day I am available to provide care for XXXX will be December 12, 2013. Payment of $XX is due for this time period.
Should you decide to find alternate services before the above date, payment will still be due as per our signed contract.
Thank you,
Provider.
If you are wanting to insert a reason, you could definitely add one to the above.- Flag
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Dear family
This is written notice of cancellation of our child care agreement contract.
The last day I am available to provide care for XXXX will be December 12, 2013. Payment of $XX is due for this time period.
Should you decide to find alternate services before the above date, payment will still be due as per our signed contract.
Thank you,
Provider.
If you are wanting to insert a reason, you could definitely add one to the above.Perfect. Thanks!
- Flag
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If you put it in your contract you have the right to get paid but a word of advice, at the point you are terminating a family, even with notice, plan ahead as if you will never receive another penny from that family.
Being told by a daycare provider that she doesn't mesh with your child or yourself to the point that she no longer wants to care for your child is a hard thing to hear. That parent may never bring their child to you again and may choose not to voluntarily pay.
I would suggest taking the part out of your contract where you indicate that you need to give 4 weeks notice and replacing it with something like "I reserve the right to terminate immediately, without notice, for any reason." That way you can give them a shorter notice, especially if it is a shift that would be easy for them to find care for elsewhere.
I have had parents keep bringing their child for several weeks after notice was given and parents that never show up again. I do not require the normal notice period one I give notice though. I only terminate if I have exhausted all my options and at that point the sooner they are gone the better.- Flag
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