Disgruntled DCM Posting Libel on Craigslist

[Unregistered]

I have a mom who left last week over the kids being left with my assistant because I had an emergency. She gave notice and was due to make payment and keep her child here for the 4week notice period. She tried to post date a check that was due 12/12 for 12/16, I told her that was not allowed and if she wanted me to hold the check she would accrue late fees. She opted to change the date to the 12th. Then I get a text that her child will not be back because I deposited the check on the 12th and she got hit with a bunch of fees.

She still owes another week of tuition as per the agreement and is late. I texted her on friday, stating that if payment is not made by 12/30, I'll file with small claims court. She responded saying i was money hungry and it would cost me more to take her to court and tjat she had every right to pull her child with no money paid because she felt unsafe. Then an hour later there was a post about me on craigslist saying I was negelcting the kids and I call out sick in the middle of the night and that I leave the kids with my mom so I can run errands (my mom ismy licensed assistant), and also that I'm going to he investigated.

What would you do? I've lost another family due to this post.

[Hunni Bee]

Send her a cease and desist letter telling her to remove the post and refrain from making untrue, damaging statements against your business.

In some states, libel is illegal so you may be able to sue her for that as well as the fees she owes you. Was this a current family or a new one that you lost, and can you prove that the CL post directly affected their decision not to use you?

Post a link to the post and we'll flag it for you so that it gets taken down.

Sorry this is happening to you. I personally know the frustration of having a parent lie on you.

:hug:

[Unregistered]

The post has been taken down as I emailed craigslist letting them know it was libelous. The family that left was a current one and the reasoning behind leaving does not say that it was because of the post but some of the content in the letter of termination leads me to believe that the parent saw the ad. Also it's a little too convenient that this term letter came the day after the post and previously the parents were talking about coming back after the holiday.

[MarinaVanessa]

I really hope that you saved a copy of the ad. I'd take DCM to small claims court with all proof that your mom is your licensed substitute/assistant. I'd explain to the judge that this is actually a money matter and the disgruntled parent left over fees owed. If you've used your mom before while DCM has been there I would mention that and point out that DCM did not have an issue then. Any correspondence that you had between you and CL I would print and save as well to show the judge.

Point out that you were due to be paid on the 12th, the first check being post-dated, you notifying DCM of fees that will accrue, DCM opting to change the check date instead, you depositing the check on the date that it was due (show bank statements or your deposit receipt) and how her check bounced. Then have a copy of her term letter if she gave you one and a copy of your contract with the termination procedure. I would also point out the date that you left your mom with the children and the date of the bounced check and show that DCM did not immediately leave after your mom watched the children, she left only after her check bounced.

Print any texts and emails or any other written communication between you and DCM and take it with you.

I would also immediately call licensing Tomorrow morning and explain the situation. If she made a complaint against you invite them to come by and go through your records and to see your daycare and the communication between you and DCM. The faster licensing comes out and clears you the better. Ask them if they can specifically state the accusations that were made and their findings then ask for a copy of this report. Take it with you to court. Assuming your outcome is good this will help you when you show it along with the ad that says that you will get a visit from licensing. If you can somehow tie the ad to DCM, as in you can somehow identify that it was her that wrote the ad, you can damage her credibility in court and make her look like a disgruntled parent out to "get you". If the ad doesn't give specifics that absolutely connects the ad to her I would go fishing and email her telling her that you saw the ad and that she can't make ads like that etc. (like a cease ans desist). Maybe she'll come back and incriminate herself or at ;east not deny it.

[Unregistered]

I really hope that you saved a copy of the ad. I'd take DCM to small claims court with all proof that your mom is your licensed substitute/assistant. I'd explain to the judge that this is actually a money matter and the disgruntled parent left over fees owed. If you've used your mom before while DCM has been there I would mention that and point out that DCM did not have an issue then. Any correspondence that you had between you and CL I would print and save as well to show the judge.

Point out that you were due to be paid on the 12th, the first check being post-dated, you notifying DCM of fees that will accrue, DCM opting to change the check date instead, you depositing the check on the date that it was due (show bank statements or your deposit receipt) and how her check bounced. Then have a copy of her term letter if she gave you one and a copy of your contract with the termination procedure. I would also point out the date that you left your mom with the children and the date of the bounced check and show that DCM did not immediately leave after your mom watched the children, she left only after her check bounced.

Print any texts and emails or any other written communication between you and DCM and take it with you.

I would also immediately call licensing Tomorrow morning and explain the situation. If she made a complaint against you invite them to come by and go through your records and to see your daycare and the communication between you and DCM. The faster licensing comes out and clears you the better. Ask them if they can specifically state the accusations that were made and their findings then ask for a copy of this report. Take it with you to court. Assuming your outcome is good this will help you when you show it along with the ad that says that you will get a visit from licensing. If you can somehow tie the ad to DCM, as in you can somehow identify that it was her that wrote the ad, you can damage her credibility in court and make her look like a disgruntled parent out to "get you". If the ad doesn't give specifics that absolutely connects the ad to her I would go fishing and email her telling her that you saw the ad and that she can't make ads like that etc. (like a cease ans desist). Maybe she'll come back and incriminate herself or at ;east not deny it.

I did post the ad. I have been using my mom as my assitant as long as she'd been coming here. I can prove it was her that wrote the ad because of the "money hungry". Comment was written in a text that same day, also because her child was only 1 of 2 in attendance the day I left the kids with my mom.

I have a lawyer sending her a certified letter tomorrow. I will be adding lawyer fees to the amount she owes. Also, I'm hoping to sue for defamation of character and mental anguish as I will be shutting the daycare down due to this as I've lost another family and can't afford to keep the daycare open with losing so much weekly income.

The worst part is that I have a newborn baby, am having health issues with myself and this stress is not helping.

[MarinaVanessa]

I did post the ad. I have been using my mom as my assitant as long as she'd been coming here. I can prove it was her that wrote the ad because of the "money hungry". Comment was written in a text that same day, also because her child was only 1 of 2 in attendance the day I left the kids with my mom.

I have a lawyer sending her a certified letter tomorrow. I will be adding lawyer fees to the amount she owes. Also, I'm hoping to sue for defamation of character and mental anguish as I will be shutting the daycare down due to this as I've lost another family and can't afford to keep the daycare open with losing so much weekly income.

The worst part is that I have a newborn baby, am having health issues with myself and this stress is not helping.

I'm so sorry that you are going through this .

I do think it's great that you spoke to a lawyer, that will make things a lot better for you. And definitely yes sue for all financial difficulties this is going to cost you. She made a comment about how taking her to court will cost you more than what she owes but that isn't true. Her not paying you and spreading lies is going to cost HER more money than the amount that she owes you. Good luck. KUP.

[Unregistered]

Meant to type. I saved the ad.

[countrymom]

I wouldn't shut down, it just shows to everyone that her ad may be true. Your always going to have crazy parents so your going to have to put your big girl pants on and carry on. Gosh if every time a parent said something bad about us and closed down, there would be no providers left.

[coolconfidentme]

Let me know if you do get damages over it, I'm in the thick of something similar. Termed a parent & then she posted negative comments on FB. I sent her a cease/desist text & she took it down. She filed charges with the state & it went nowhere. She filed a police report & they wouldn’t even investigate it.

I have filed a small claims suit against her for daycare fees & she now wants a bench trail. She is currently making negative comments in her work place & advising others not to use my daycare.

She is just disgruntled & being retaliatory. I would like to show the judge how she intentionally tried to harm my business & seek damaged for it. You can send me a private message if you like!

[MCC]

Just wanted to say I'm sorry you're going through this.

I did have something similar to this happen last Feb. except, I had never provided care for this women. She was involved in a back and forth with another provider and attacked me as well, by copying my ad and saying I was a convicted drug felon, and was unsafe to leave children with.

I contacted my lawyer that day, send a cease and desist letter. My lawyer was confident I was going to be able to sue for determent of character, loss wages, and emotional damages. I ended up not going through with it, but I'm sure if I did, I would have been able to get all of that.

Once again, sorry you're dealing with this, it sounds like a mess. I wish you luck!

[MrsSteinel'sHouse]

I wouldn't shut down, it just shows to everyone that her ad may be true. Your always going to have crazy parents so your going to have to put your big girl pants on and carry on. Gosh if every time a parent said something bad about us and closed down, there would be no providers left.

I agree with this. I am a little befuddled. How long have you been doing childcare? You have a newborn... did you just start doing care again? Have you been inconsistent with your watching of kids? What kind of relationship do you have with your parents?

If I had an emergency, I would be calling all of my parents "Hey Suzi, I have an emergency ___(breif explanation), my mom who is my emergency provider will be here with the kids. If you are not comfortable with that you may come pick up. Just wanted to give you a heads up.

I can not imagine other people pulling their kids because of a cl post. I don't know much about cl but would your other parents even have read it? I wonder what the other circumstances are going on that aren't in this post. I have had most of my parents for a couple of years so they know me, but even my newer moms know me and that what I would be doing would be in the best interest of the kids.

I have been watching kids for 17 years. I could not simply close. This is my job. I guess I am wondering what the rest of the story is.

[mrsnj]

I kind of agree. I wouldn't shut down either and I don't understand why all the current clients would be browsing CL anyway. One would go on there only if they were looking for another provider. If I have one parent who is an issue, I doubt all my parents would leave. I have a good relationship with them. Even if the person knocked on doors and blah blah blah to each and every one, I could not imagine them all walking. They would know me better. Actually I think most would be more likely to tell me about it than to pull and walk.

I had one parent who posted on FB that I was locking the kids in a room and leaving them there all day. Said her older DD told her that and all her friends were "Oh no. So glad your DD is old enough to tell you that." "People like that are horrible" Etc. Um....I have police officers children here and DYFS workers kids. Really? You thought I would honestly do that? Not say anything to me? Bring them here still? We had other issues going on here with lying about her childs age to not showing on time scheduled etc. I happened to click her FB page up and saw that and gave her notice. She never returned my call, picked up her kids things and removed the FB. But I screen shot it thanks to on here. Not one of my parents left.

I would push on and hang in there. Closing sends red flags. You could always change your business name in the end if you felt it would help. This way there is no connection to the issue going on. KWIM?

:hug:

[Maria2013]

I think it's horrible what some parents would do to hurt a provider when they can't get their ways
I hope all of you resolve your issues soon:hug: