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Crazy Mom Said She Was Suing Me!
So, I posted about this mom a while back. I was having issues with her. Well I decided to wait and see if things would get better, but they haven't. So on Saturday I sent her a email stating that I am terming due to unforseen circumstances. We on Sunday I decided to give her a call as well just to talk about things. Well we came to an agreement that it would be best to part ways and buttercup would say with me these last two weeks. Well today I get a phone apparently she just checked her email. She said she was upset that I made the desition to term without consulting her first. She is basically upset that I termed first.? So she told me that buttercup would not be coming for her last two weeks and that she wants her deposit back. I told her I can't do that, so she said she was going to sue me for breach of contract (I forgot her daily report sometimes) and do something about the situation. Im guessing she means she is going to call licensing or give me a bad review... my question is has anyone been sued for this type of situation? If so what happen? I am thinking about just giving her money back. I really don't know what to do or say. She is coming to pick DCG stuff up today or tomorrow and said she is expecting a check.....
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Call your licensor and give them a heads up.
What does your contract say about terming?
I'm a little confused in that you called her and she hadn't received the email? And when she got it the next day she was upset? Did your email follow your contract in regards to terming?
If you've offered her the use of those two weeks and she's refusing to use them, you can keep the deposit.
I think if you told her she can't come, she may be entitled to the deposit back. -
Yes, on Sunday she hadn't checked her email. My contract says that I can term at will.Comment
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If your contract states that you require a two week notice, and you emailed her giving her two week notice AND are allowing the child to attend for the final two weeks, this Mom has NO leg to stand on. You can let a child go at any time for any reason (at will). She's just ticked she didn't get the last word.
Email your licensor about the disgruntled parent.
Send another email.
Dcm,
Per our contract I require a two weeks notice for withdrawing from care. I ended your contract on Sunday X/X. The last day I am willing to provide care for dcg is X (two weeks out). As our contract states the deposit equal to X is non refundable.
If you chose not to send dcg, it does not change our contract and the deposit, which is applied to the final two weeks of care, is still non refundable.
Dcg's things are available for pick up at X date and X time. They will be in a bag/box located on my front porch.
I wish you luck in your search for child care. The number for child care resource and referral is X.
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So, today dcm showed up at my house at 7pm wanting her things. I wasn't home so my sister went out to give her things to her. My sisters told her to have a nice night and she responds "tell your sister to get a good lawyers because I have one." Really?? I was considering giving her the money back but this..... I mean what is the point of suing me when we already decided that dcg was coming this week and next week. I mean we are already in the middle of this week. She decided not to bring dcg yesterday and today for personal reasons. Now she doesn't want her to come at all and wants me to refund her for the spot she already used.? I have been nothing but nice. What's the point of getting a lawyer that little amount? Unless she is suing me for something else.Comment
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She's being ridiculous! And likely bluffing. If she signed a contract, she has NO case. I went through this recently, the dad thought I wouldn't go through with suing him for the last two week's payment. Well, it took a few months and when the morning of our court date arrived he realized I wasn't backing down and he sent a check over.
Hopefully she'll calm down and leave you be...Comment
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DCM is lying.
It costs more than two weeks tuition to consult with, let alone retain one. She is simply trying to be dominant and control the situation. She does not like that you terminated her before she terminated you.
Everything was amicable and fine until she found that out.
Its pretty clear... Just re-read your posts.
Call her bluff.
Document the situation, update your licensing person and let DCM do her thing.
Don't respond to her contact. She'll get louder but she'll lose interest when you don't cave to her demands.
She isn't the first disgruntled parent to try this tactic. She is one of many.
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What she said. I've had two "I'm going to sue you" parents and nothing has ever come of it. Lawyers are ridiculously expensive, suits are time consuming, and they are almost never ever worth the trouble, and crazy parents figure that out very quickly.
I recommend cutting off all contact. Do not respond at all. There may be texts, phone calls, and emails with lots of threatening language and plenty of butt-hurt undertones, however do not respond.
I just went through a very ugly term last year with a crazy mom. She called licensing, threatened to sue me, contacted other daycare parents, etc. Licensing came out, shuffled through my paperwork, shrugged and commiserated: "that's the biz."
I cut off all contact with the crazy daycare mom after emailing a termination letter, and it infuriated her! She was also angry that I met face to face with her ex husband to explain the situation. Poor guy. Anyway, she called, texted, emailed, over and over for a week or two, but eventually quit. I also got a second wave when she demanded a year end receipt in January. Oh, and some fun legal advice: you are NOT required to give parents an annual receipt. Tom Copeland and the IRS have backed up this fact.Comment
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You said your contract said that you can terminate at will ... what does it say about the deposit? Do you specify what happens with the deposit if you terminate immediately? If they terminate immediately? Do you specifically say that the deposit is non-refundable?
I know that Tom Copeland had mentioned in one of his articles about the difference between using the terms "deposit" vs "fee". I think he mentioned something about how "deposit" is used when the money is used towards payment for something so you have to be pretty specific in saying what it will be used for and what happens to it when it isn't used for that purpose ... like if you say the 2 week deposit will be used towards the child's last 2 weeks of care you have to specify what will happen to it if you or the client choose not to follow through with the last two weeks of care. If your client chooses not to have the child attend and you have a clause that says that payment is required weekly and based on enrollment not attendance and a clause that says that the client has to give you a two week notice of termination then you should be covered. Otherwise you could be leaving it up to a judge to decide what to do with the deposit amount ... sometimes some judges feel that ,unless it's in the contract and the parent signed to agree to it, if the provider didn't provide services then any unused money or deposit that the provider received that was meant for services should be returned to the client.
I'm in CA and have heard of this happening on at least 2 occasions because the providers didn't specify that the deposit was non-refundable or their contract wasn't clear in saying what happens to the deposit if the client quits suddenly.Comment
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What does your contract say specifically regarding the deposit and terminations, etc? Exact wording, I mean. I think if we know the exact wording we'll be able to advise more on whether she has a foot to stand on.
What an awful situation. Childcare providers are so extremely underpaid, and especially so when they have to deal with this kind of thing. I pray I never have to mess with this
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