Bracing for the Storm

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  • coolconfidentme
    Daycare.com Member
    • Oct 2012
    • 1541

    #31
    Date
    DCM
    Her Address

    You have engaged in spreading false, destructive, and defamatory rumors about myself & my business, Daycare Name.

    Under Indiana law, it is unlawful to engage in defamation of another’s character and reputation. Defamation consists of
    1. a communication with defamatory imputation;
    2. malice;
    3. publication; and
    4. damages.

    Your defamatory statements involved written libelous statements on Internet sites & slanderous statements in public forms.

    Accordingly, I demand that you (A) immediately cease and desist your defamation of myself, Daycare Name & its employees, (B) remove all defamatory statements on all Internet sites and (C) provide us with prompt written assurance within ten (10) days that you will cease and desist from further defamation myself, Daycare Name & employees’ character and reputation.

    If you do not comply with this cease and desist demand within this time period, myself, Daycare Name & its employees are entitled by law to seek monetary damages and equitable relief for your defamation. In the event you fail to meet this demand, please be advised I may pursue all available legal remedies, including seeking monetary damages, injunctive relief, and an order that you pay court costs and attorney’s fees. Your liability and exposure under such legal action could be considerable.

    Before taking these steps, I wished to give you one opportunity to discontinue your illegal conduct by complying with this demand within ten (10) days. Accordingly, please sign and return the attached Defamation Settlement Agreement within ten (10) days to;

    Daycare Name
    Address
    Phone

    I recommend that you consult with an attorney regarding this matter. If you or your attorney have any questions, please contact me directly.

    Sincerely,
    ME!

    Comment

    • coolconfidentme
      Daycare.com Member
      • Oct 2012
      • 1541

      #32
      Originally posted by coolconfidentme
      Date
      DCM
      Her Address

      You have engaged in spreading false, destructive, and defamatory rumors about myself & my business, Daycare Name.

      Under Indiana law, it is unlawful to engage in defamation of another’s character and reputation. Defamation consists of
      1. a communication with defamatory imputation;
      2. malice;
      3. publication; and
      4. damages.

      Your defamatory statements involved written libelous statements on Internet sites & slanderous statements in public forms.

      Accordingly, I demand that you (A) immediately cease and desist your defamation of myself, Daycare Name & its employees, (B) remove all defamatory statements on all Internet sites and (C) provide us with prompt written assurance within ten (10) days that you will cease and desist from further defamation myself, Daycare Name & employees’ character and reputation.

      If you do not comply with this cease and desist demand within this time period, myself, Daycare Name & its employees are entitled by law to seek monetary damages and equitable relief for your defamation. In the event you fail to meet this demand, please be advised I may pursue all available legal remedies, including seeking monetary damages, injunctive relief, and an order that you pay court costs and attorney’s fees. Your liability and exposure under such legal action could be considerable.

      Before taking these steps, I wished to give you one opportunity to discontinue your illegal conduct by complying with this demand within ten (10) days. Accordingly, please sign and return the attached Defamation Settlement Agreement within ten (10) days to;

      Daycare Name
      Address
      Phone

      I recommend that you consult with an attorney regarding this matter. If you or your attorney have any questions, please contact me directly.

      Sincerely,
      ME!
      THIS IS WHAT I ATTACHED & SHE SIGNED/RETURNED TO ME.

      Defamation Settlement Agreement

      I, DCM, agree to immediately cease and desist defamation of ME, Daycare Name
      & its employees’ character and reputation in exchange for ME, Daycare Name & its employees releasing any and all claims against me for defamation. In the event this agreement is breached by me, ME, Daycare Name & its employees will be entitled to costs and attorney’s fees in any action brought to enforce this agreement and shall be free to pursue all rights that ME, Daycare Name & employees had as of the date of this letter as if this letter had never been signed.


      This Defamation Settlement Agreement made and entered into this _________________ day of ____________________________, 20____,
      (Print)________________________________________________________________________.



      Sign: ______________________________________________________________________________

      Date: _______________________________________

      Comment

      • coolconfidentme
        Daycare.com Member
        • Oct 2012
        • 1541

        #33
        Doctor it up the way you see fits..., I hope it helps!!

        Comment

        • Unregistered

          #34
          Thank you very much.

          Comment

          • coolconfidentme
            Daycare.com Member
            • Oct 2012
            • 1541

            #35
            Originally posted by Unregistered
            Thank you very much.
            Anytime!!!

            Comment

            • Heidi
              Daycare.com Member
              • Sep 2011
              • 7121

              #36
              Originally posted by Play Care


              I don't even think this should be a debate in your mind. Call your licensor and let her know the facts (mom gave notice but didn't want to set a date, wasn't following policy so you set a date for her, and then she sent out notices to the other parents.) Chances are that the mom has already called licensing herself. Always better to beat them to the punch so they have the heads up. But even if she doesn't it's another way to CYA!
              Good Luck!
              Yes, PLEASE do this. You are not calling to report her; they have no power over her. You are calling to protect yourself. A false allegation of any kind will always be met with is licensing already knows about the situation. Just give her a BRIEF rundown (voice mail is fine). "Hi, this is daycare provider ... I just wanted to make a quick call to let you know that I've had a situation with a parent. There were some policy breaking issues, so we've terminated our care arrangement. However, DCM is not so happy about this, and may call you. If you need any details, please feel free to call me or stop by"

              No drama...just a "heads up"

              Comment

              • Heidi
                Daycare.com Member
                • Sep 2011
                • 7121

                #37
                Hey OP...

                Why not register and join us "for real"??? You can see how fun and helpful we are. There's always room for another "coworker" here.

                Just make up a name that no one will recognize. No real name, no using your initials, or your well-known nickname. Something meaningful to you, but not your dcp's.

                Comment

                • coolconfidentme
                  Daycare.com Member
                  • Oct 2012
                  • 1541

                  #38
                  l
                  Originally posted by Heidi
                  Hey OP...

                  Why not register and join us "for real"??? You can see how fun and helpful we are. There's always room for another "coworker" here.

                  Just make up a name that no one will recognize. No real name, no using your initials, or your well-known nickname. Something meaningful to you, but not your dcp's.

                  Comment

                  • Unregistered

                    #39
                    Originally posted by Heidi
                    Yes, PLEASE do this. You are not calling to report her; they have no power over her. You are calling to protect yourself. A false allegation of any kind will always be met with is licensing already knows about the situation. Just give her a BRIEF rundown (voice mail is fine). "Hi, this is daycare provider ... I just wanted to make a quick call to let you know that I've had a situation with a parent. There were some policy breaking issues, so we've terminated our care arrangement. However, DCM is not so happy about this, and may call you. If you need any details, please feel free to call me or stop by"

                    No drama...just a "heads up"
                    Thanks! One of my favorite things about this site is the helpful wording that people come up with. I have lots of well-worded documents, but when they throw something new at me I get all frazzled. Having something to work from helps a lot!

                    Comment

                    • Unregistered

                      #40
                      Originally posted by Heidi
                      Hey OP...

                      Why not register and join us "for real"??? You can see how fun and helpful we are. There's always room for another "coworker" here.

                      Just make up a name that no one will recognize. No real name, no using your initials, or your well-known nickname. Something meaningful to you, but not your dcp's.
                      Have to do that/have already done that/possibly/probably/almost certainly :: ::
                      Thank you

                      Comment

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