Update On Variable Hrs Mom- She Doesn't Get It!

[legomom922]

Dear miss bounce around.

I really loved that part!::::::

Ok, heres another question..In my contract, I have when notice is given, the 2 wks must be paid in advance..Did I screw myself out of that too??

I think in any event, I will email her and tell her she needs to pay me for 12/31, yesterday and tomorrow & thurs tomorrow at pick up..or would that insult her? I hate to think the worst of people, especially when they have followed everything else, but when people get angry, they turn kwim?

[Daycare_Mama]

I say draw it up today, email it dated 2 weeks from today as term date.
Dear miss bounce around.

While we are currently not bound by contract I am extending a professional courtesy of a two week termination period. The last day I will be available for care is ***xx. As previously stated I am unavailable for care on ***x. Thankyou






Or

Dear miss bounce around.

Because our previous contract no longer is valid and I am unable to accomodate your changing needs, I am terminating childcare services effective immediately.

Love both of these options. Laundrymom said them perfectly. And LOVE "miss bounce around" ::

I agree though, it's gotten too confusing. If you want to do care and get paid for the next 2 weeks, email her the 1st one Laundrymom said. If you don't care and just want to be done (which I would be leaning towards), email the 2nd one. Either of those are VERY clear and you will either be watching him for 2 more weeks with pay or you'll be done today. And both options would be okay, if you ask me.

[laundrymom]

I would eat any days she was there without contract. Charge for the ones in contract.

[Daycare_Mama]

Ok, heres another question..In my contract, I have when notice is given, the 2 wks must be paid in advance..Did I screw myself out of that too??

I think in any event, I will email her and tell her she needs to pay me for 12/31, yesterday and tomorrow & thurs tomorrow at pick up..or would that insult her? I hate to think the worst of people, especially when they have followed everything else, but when people get angry, they turn kwim?

Bottom line, regardless of contract/no contract, I think she should pay for the days he was there. So if she hasn't paid you yet for 12/31 and yesterday, yes you should ask her for payment for those 2 days and then tomorrow if he comes and stays. If he doesn't and you're just done, I would just forget about payment for the next 2 weeks and stop watching him. It's hard to tell since your "contract" is a little screwy with her. So just make her pay for the days he was there and be done.

[legomom922]

I've written this tell me what you think:

I can no longer accommodate your needs, therefore please accept this letter as my 2 week termination notice. Termination will be in effect as of January 18, 2011.

All current and further fees are now due in advance. I am giving you the courtesy where I will accept weekly payments on Mondays at drop off, or no care will be provided. Because your last day of care this week will be Wednesday, payment for:

Dec 31, 2010-Jan 6, 2011 will need to be paid Wednesday January 5 at drop off.
Payment for January 10, 12-13, will be due January 10 at drop off.
Payment for Jan 17 , is due Jan 17, 2011 at drop off.

Thank you for sharing Jack with me and I wish you and your family all the best in the future.

[Daycare_Mama]

I've written this tell me what you think:

I can no longer accommodate your needs, therefore please accept this letter as my 2 week termination notice. Termination will be in effect as of January 18, 2011.

All current and further fees are now due in advance. I am giving you the courtesy where I will accept weekly payments on Mondays at drop off, or no care will be provided. Because your last day of care this week will be Wednesday, payment for:

Dec 31, 2010-Jan 6, 2011 will need to be paid Wednesday January 5 at drop off.
Payment for January 10, 12-13, will be due January 10 at drop off.
Payment for Jan 17 , is due Jan 17, 2011 at drop off.

Thank you for sharing Jack with me and I wish you and your family all the best in the future.

Good the only thing I would probably change is say "I can no longer accommodate your child care needs. Therefore, please accept this letter as my 2 week termination notice, starting today Jan. 4, 2011. Your last day of care will be Tuesday Jan. 18th, 2011."

Just so it's clear that your 2 week notice is not starting on the 18th..

[legomom922]

Well it's over.. She pulled the plug after I sent her the term notice..An dthen she texted me and said he wont be coming tomorrow either and that she would mail me the $70.

I REALLY now need to know if the old contract covers me or not..maybe I should ask Tom? Because contract states they are responsible for the 2 wks even if their child does not attend..:confused:

She emailed me this:

I didn't realize that we were being terminated. I thought that we had some time to consider our options to stay or to find another provider. This is unfortunate, but I guess we will be looking elsewhere.

Also, I don't feel that we owe you for your time on Thursday, since you will not be watching Jack due to your conflict (As stated in your handbook; pg 6). I did pay you for the Monday you did not watch Jack before the Holiday when you had to get your tooth fixed, and that was not my conflict either. Also, we have paid for every day Jack has been there, which would make our payment for the week of Dec 31st to Jan. 6th only $70. I have kept all my records and believe this to be a true reflection of your handbook and payments that have been made.

If we will not be needing you after this week (after tomorrow), I will let you know by the weekend.

We have appreciated your help with Jack and were very happy with the care you gave him. It's unfortunate that we could not make something work. Thank you for your communication.

[Daycare_Mama]

I think if she signed a contract period, and has not signed a different one, and you gave her notice, then she DOES owe you for 2 weeks because you are offering care for the next 2 weeks. It's up to her if she doesn't want to bring him; she still has to pay you.

What exactly does that part of your contract say? And what is she referring to on pg. 6?

My contract says, "A 2 week notice on either end is required should the parent or provider decide to terminate care for any reason. Child care will still be provided for 2 weeks from the date of terminiation. Payment is required in full for those 2 weeks whether or not you choose to still bring your child."

Post a new thread about contract issues and see if anyone has specific insight into that.

I don't think it matters if you've changed your days, if she hasn't signed a new contract, she's still bound under the old one, which has the 2 week notice with payment...

If this is the case, I would write her back and point this out to her and make sure you say that you are willing to watch him until the 18th and it's her choice if she chooses not to bring him. She therefore owes you for care, per your contract, for the next 2 weeks.

[missnikki]

BOTTOM LINE:
She emailed YOU with intent to use your program on your terms for the next 2 weeks. She is not new to the contract. If you have an infallible 2 week deposit clause in your contract (Which you should be able to provide proof of her signing in the past) then she owes you pay for those 2 weeks, after term was given, regardless of if she uses it.

Reality check- You could try to offer her a 'deal' so you can see some money, and to avoid court. You could try to sue, but I've often had much better luck trying to settle. If she still doesn't pay and you do end up in court after a discounted offer, you do not need to honor it- you can sue for the full amount plus arrears if you have it set up to collect that way.

[legomom922]

What exactly does that part of your contract say? And what is she referring to on pg. 6?

This is what pg 6 says: Notice it does not say I will waive the daily fee. Let me know how you interpret this:

Appointments
From time to time I will need to be at appointments (Dental, Medical, etc) For some very basic appointments, I can take children with me, but most appointments I cannot. I will give you advance notice whenever possible of these appointments. Please have back up care for these days. You have the choice of either dropping off/picking up earlier or later (full fees will be due) by yourself or an authorized person, or taking your child to your back up provider. If because of my appointment, you do need to drop off earlier or pick up later, I will waive the early/late fee.

[Crystal]

You have the choice of either dropping off/picking up earlier or later (full fees will be due) by yourself or an authorized person, or taking your child to your back up provider.

because it doesn't say (full fees will be due) AFTER you say "or taking your child to your back up provider." I think she may be able to get out of paying.

I'd look at it this way. You, unfortunately, had to inconvenience her more than once, at the last minute, for unexpected appointments. I realize you HAD to go, but I can also see it as a huge inconvenience for the parent. She seems as though she is being gracious in her response to you, and also seems genuinely sincere in that she wasn't expecting to be termed, and probably didn't plan on leaving you anyway. I'd accept her $70 and call it a wash.

She said some nice things in her response to you.

[marniewon]

I must have missed something. I thought I was following this thread carefully, but how did it go from you giving her a chance to decide whether they want to pay full time or not to you terming her? It almost sounds, from what she emailed you, is that they were leaning toward taking the full time spot...?

[legomom922]

You have the choice of either dropping off/picking up earlier or later (full fees will be due) by yourself or an authorized person, or taking your child to your back up provider.

because it doesn't say (full fees will be due) AFTER you say "or taking your child to your back up provider." I think she may be able to get out of paying.

I'd look at it this way. You, unfortunately, had to inconvenience her more than once, at the last minute, for unexpected appointments. I realize you HAD to go, but I can also see it as a huge inconvenience for the parent. She seems as though she is being gracious in her response to you, and also seems genuinely sincere in that she wasn't expecting to be termed, and probably didn't plan on leaving you anyway. I'd accept her $70 and call it a wash.

She said some nice things in her response to you.

I see what you are saying, and maybe I either should have put that full fees will be due in again after that other sentence as well, or just put it in once after the paragraph. I guess in my mind, I knew what I was thinking, because I was thinking it as pick up later/earlier OR use a back up provider and full fees will still be due.

I also wanted to comment about the inconveinance I caused her. it was actually because of her constant changing her hrs, that this happened anyway. Like for example, the appt I have on Thurs at 4 was rescheduled from a different date and time because she changed her schedule at the last minute. Sometimes I get texts from her at 1030pm for the next day. And I had made this appt at 4pm, because for the last 2 months, she has picked up no later than 2pm.

And the other dentist appt that she was referring to when my tooth broke, was on a monday when she was suppose to be here from 630am-1130am, but she texted me that sunday night and told me she would be coming from 11-2:30 instead, so my 1:30 appt caused her inconveinance, because when I called the dentist first thing on monday morning to see if I could get a earlier appt instead, there were none available, so I had to keep the 130 appt and because she wouldnt or couldnt reschedule her hrs, she didnt bring him, and then blamed me..

She had told me on Mon, those hrs would not work for her, and if I would watch him for 2 wks, and said yes, so I seriously doubt she was going to use me anyway, as I know there is no way she ever could have stuck with those hrs because of her coaching schedule . I think she is just trying to make me feel guilty now...

[legomom922]

For those interested, Tom Copeland answered my contract question on the tax board. Ck it out if you are interested, I dont know if I can paste his reply here.

Thank you all very much for all of your help and suggestions during all my drama! It has been very stressful for me! Hugs to all!

Now I just have to get her to pay.....

[Crystal]

I don't think Tom knows the whole story.

The old contract may be valid, BUT, if the provider breeched the contract, by changing her closing hours to 2:30 instead of 4:30 without advance notice, making it impossible for the parent to use care because she works until 4:00 on some days, is the contract still valid?

I think you need to clarify this with Tom. I find it hard to believe that you can press the matter when YOU changed the contract, verbally, when you told the parent you would no longer care for her child after 2:30 because you MAY need to make doctor's appointments.