Quick Response if you can please

[cara041083]

If you had a job where you left the house and went to work everyday, and your boss looks at you and says. I am not gona pay you but you still need to work. Would you go back and work for them for free? Child care is the same thing. This is your job, why do it for free? If they don't pay you by the end of the day tell them they can't come back. Plan and simple, and yes you can refuse care anytime they go against there contract.

[Heidi]

If they signed a contract saying they would pay a cancellation fee, then they owe you that fee. If they are not going to pay it, then I would no longer provider care, effective immediately. Any amount they have paid you for care will be applied to the fee. If they want care, they can pay the fee.

In the long run, it'll be a wash, and you'll be glad to get rid of them. No one needs to go to court, unless they would still owe you more money. In that case, you'll have to decide if it's worth pursuing.

[CraftyMom]

If they signed a contract saying they would pay a cancellation fee, then they owe you that fee. If they are not going to pay it, then I would no longer provider care, effective immediately. Any amount they have paid you for care will be applied to the fee. If they want care, they can pay the fee.

In the long run, it'll be a wash, and you'll be glad to get rid of them. No one needs to go to court, unless they would still owe you more money. In that case, you'll have to decide if it's worth pursuing.

I agree, you shouldn't have to go to court, unless you want the full cancellation fee. But since you are willing to let it go then just end care and be done, stating the last week is applied to the fee since THEY MADE THE DECISION NOT TO PAY THE FEE AND CARRY OUT THEIR CONTRACT.

As far as them saying you termed them, the term letter they gave you is your proof

Ugh I hate these types of situations, but you will feel so good when they are gone!

[Crazy8]

Yes. They are saying that I termed them, therefore they owe nothing. They think they are sound legally, and they have enough money that they probably ran it through a lawyer who may very well have told them to just not pay, and then I have to take action, kwim?
But I did not wish to end this contract early, they did. And I so do not want to keep on fighting. I will probably let the whole cancel fee go because I just want to be done with it/them.
So the only way to not totally let them have their way is to refuse care for next week. But I don't know if I am legally proper in doing this because I don't have a clause in my contract about it.
So is it just assumed that I can refuse care because they owe me money, or does it have to be in my contract?

Without seeing your contract word for word its hard for any of us to give advice. BUT based on what I am reading, they have paid for care for next week therefore you should provide care next week. They have not paid your cancellation fee. I believe I read from other posts your cancellation fee is 3 weeks of payment? But I don't know what your terms are for charging this? Is this just a fee to anyone who terminates care? And they have to pay it whether they stay their last 3 weeks or not?? I am just not sure I understand what it covers. BUT they paid for care, you should provide it. They are saying they are not paying the cancellation fee but when is that due by? Last day of care? When they give notice? I think if all that is spelled out in your contract and they signed it then that is what you can legally pursue in court. You can't just take 1 weeks pay of services and decide to apply it to part of the cancellation fee they owe you.

[craftymissbeth]

Without seeing your contract word for word its hard for any of us to give advice. BUT based on what I am reading, they have paid for care for next week therefore you should provide care next week. They have not paid your cancellation fee. I believe I read from other posts your cancellation fee is 3 weeks of payment? But I don't know what your terms are for charging this? Is this just a fee to anyone who terminates care? And they have to pay it whether they stay their last 3 weeks or not?? I am just not sure I understand what it covers. BUT they paid for care, you should provide it. They are saying they are not paying the cancellation fee but when is that due by? Last day of care? When they give notice? I think if all that is spelled out in your contract and they signed it then that is what you can legally pursue in court. You can't just take 1 weeks pay of services and decide to apply it to part of the cancellation fee they owe you.

I'm having a hard time understanding the cancellation fee, for some reason, but I don't feel its appropriate to apply the amount they paid for care to the cancellation fee. I think if you did that and termed immediately you're setting yourself up for trouble by not following your contract, kwim? The cancellation fee is a separate fee from what is paid towards child care and neither should be applied towards the other unless it's in the contract.

OP, would you mind posting your cancellation fee policy as well as your termination policy (what does it say about immediate terms?).

[DaisyMamma]

I am the provider who is in the middle of a disrespectful term by a parent who does not want to abide by contract terms. Was planning to keep dck through next week, but now I have a diff idea that I want to run by experienced people.
Give dcf an invoice this morning for the amount due. (I don't usually invoice.) It was due a week ago, but I extended that to today, to try to keep peace. They have told me they do not intend to pay.
If they do not pay by the end of the extended day (also gave them a discounted rate) then term them for non-payment? I don't have non-payment clause in my stuff because this doesn't ever happen to me. Ha ha, right? I know. I do have a late fee, but nothing that says I will term care for non-payment.
Yes? No?
Please and thank you

Why would you discount when they are already not following policies?
Demand payment on the spot, don't give them yet another day especially since they told you they won't pay.
They need to pay or be turned away.

[NightOwl]

I'm having a hard time understanding the cancellation fee, for some reason, but I don't feel its appropriate to apply the amount they paid for care to the cancellation fee. I think if you did that and termed immediately you're setting yourself up for trouble by not following your contract, kwim? The cancellation fee is a separate fee from what is paid towards child care and neither should be applied towards the other unless it's in the contract.

OP, would you mind posting your cancellation fee policy as well as your termination policy (what does it say about immediate terms?).

I don't think she could be in any trouble for not following her contact because they have already broke the contract by refusing to pay a cancelation fee.

[craftymissbeth]

I don't think she could be in any trouble for not following her contact because they have already broke the contract by refusing to pay a cancelation fee.

I understand what you're saying, but I personally would just want to make sure follow through and be the "good guy" in case I pursued it in court later.

BUT if we were able to get a look at the policies it would help.

[itlw8]

Wait YOU terminated them ??? then you broke the contract they do not need to give you paid notice But you do not provide care for free either I would not bother taking this one to court.

[KIDZRMYBIZ]

I'm a little confused by what the fees are. If in your contract you are calling it a "cancellation fee," but it is essentially a notice period that they pay whether the child is in attendance or not, I think you are within your rights to refuse care if they have not paid any of said "fees."

Plus, it puts the ball in their court. In your eyes, refusing care for that last week makes it financially even. If they think not, then THEY can file a small claim and try to collect from YOU, and you have your contract and documented discussions on your side (so they aren't going to get anywhere).

[craftymissbeth]

Thanks. What I'm asking is: Do I need to have this in my contract in order to carry it out?
It's not actually for care - the care is paid for, assuming their last check is good.
But they are not paying out the term of the contract, and refuse to do so - it's in effect "notice" but my contract calls it a cancellation fee.

This is what I'm having a hard time with. They aren't getting child care for free, guys. They paid for the care. They just refuse they cancelation fee. Now, someone above said they think your fee is equal to 3 weeks of care. If so, that's a LOT of money... so I'd be hanging in there and providing the care they paid for then going after that fee equal to 3 weeks of care. For me, that could potentially be $450 and that's SO worth going to court for.

[JenNJ1]

Can you paste the cancellation clause here for us to look over?

In my non-lawyer opinion, I know that you do not have to work if you are not paid. They have made it clear that you will not be paid, so I would no longer care for their child/ren. I would cash that check ASAP. Document all of this nonsense and take them to small claims for the remainder of monies due.

[MarinaVanessa]

I still can't believe you're even still dealing with these people. Don't want to follow the policies that you signed? C'ya, here's a refund. Don't come back tomorrow.

Although I am curious about your cancellation fee. What is that? How does that work? I've never heard of that so I'm intrigued, tell me more.

I've heard of registration fees and 2 week deposits but the deposits are typically used to pay for the client's last to weeks of care. I've never heard of a fee that client pays for terminating a contract. Interesting.

[KiddieCahoots]

Somewhat confusing. I'm guessing the fee your asking for is a 2 week notice fee? That has to be paid by parents, effective for 2 weeks, once the termination date is given by parents? If so, that is not uncommon.
I would think that your contract stating this policy will trump any other. This will be the first thing the courts look at, especially if they take YOU to court.
If you have it documented of their terminating with YOU, and their refusal to pay YOU, then why on earth would you be required to continue working with someone who isn't willing to follow your contract in the first place?
They are breaking your contract, this is instant termination on THEIR part.

[Leigh]

If you're worried about the cancellation fee holding up in court, I would have a cashier's check waiting for them tomorrow for the remainder of care that they HAVE paid for, and hand them that refund check and tell them that you are no longer providing care, effective immediately.