Daycare Provider Terminated My Child And Is Charging Me For Not Returning

[Unregistered]

childcare provider here

I also have an in home daycare. I have terminated children with no notice and some with a month notice. It depends on the situation. I have terminated a child because that child was sick with something new every week.

I have it stated in my contract that I don't need to give notice and can terminate for any reason. I also have it stated that if a child is to be pulled from my care I need a month notice otherwise the parents pay for that month or the weeks remaining before termination. Good luck but if it is stated somewhere in her contract that you need to give notice then she has the advantage in court. Even though she terminated you on a specific date does not void in the contract or any payment for services that are scheduled before that termination date.

Over all it sounds as if emotions got involved in a business situation. Hope it works out for you all.

[Unregistered]

daycare issues

Last sunday my daycare provider asked if my kids would be coming for spring break in 1 week. I said that my 4 year old daughter for sure would be there but that I wasn't positive about my other 2 (school age). She said she was fine with that. Today I text her to confirm that for next week and she didn't text me back for over an hour and finally responded saying that she didn't get confirmation that my daughter would be coming and since the boys weren't coming she assumed my daughter wasn't either and so she made other plans and appts for that week. I sent her a screenshot of our conversation that prior sunday stating that my daughter would indeed be there. She never responded back and its been 2 hours. I am so fed up with her unreliability. THe previous week she had to take 3 days off to take care of something. I said ok. my husband and I made arrangements for the kiddos. the days were Tues-Thurs. Then Thurs afternoon I get a text from her saying she wouldn't be able to make it back in time Friday to watch the kids. so we had to make last minute arrangements for that as well.
She has taken off for a death in the family (which is fine I wasn't mad at all, except for the fact that I had only been at my new job for 3 days. ) and then she had to take off for the 3 days to leave town to take care of stuff and then another time she could only watch my kids 1/2 of a Friday and 1/2 of a Monday because she had to take/ pick up her child at airport. This is all happening within barely 2 months. my work thank god is being very flexible but im not sure how much more they are taking.
So back to spring break. now my husband and I are having to figure something out for spring break and its the Friday before....
Not to mention my boys have told me that they don't ever get to play outside or anything. they are always confined to inside. they are growing kids and need to play. especially when its beautiful 75 and 80 degree weather outside.
with everything that has happened already we have decided we just don't want to take the kids back ever. I cant keep guessing and hoping that she will be able to watch them a full week or change her schedule etc.
Her contract says a 2 wk notice is to be provided if leaving. but im wondering that considering the circumstances and basically not given a notice for spring break. if there is cause for me to pull them out right away without a notice.
Its way to stressful to keep dealing with it. and lately I have noticed that my kids cry everytime they have to go to daycare.
PS. she is in home daycare and unlicensed and watches no other kids but mine.

[Thriftylady]

So much of this comes down to what the contract says. My contract says that I get a two week notice and that I will give a two week notice and I expect to be paid for those two weeks regardless. However if I felt the need to term immediately, I would do so and most likely not worry about charging. If I need to term that fast, there is a HUGE issue and I need it gone. An illness just wouldn't be that issue for me.

[daycare]

man this is 4 years old...why does this thread pop up so much.....

[Thriftylady]

LOL I didn't notice that.

[Rockgirl]

I was taught in a business class that a contract is only valid if both parties have a copy. Were you ever given one?

[Baby Beluga]

I was taught in a business class that a contract is only valid if both parties have a copy. Were you ever given one?

What happens if a parent was given a copy and lost it? Would it then be invalid?

[daycare]

thats why I email everything to them, but NO if they lost it, thats not your problem

[Rockgirl]

What happens if a parent was given a copy and lost it? Would it then be invalid?

No, I guess I should have said both parties should receive a copy, instead of have a copy.

[Blackcat31]

Last sunday my daycare provider asked if my kids would be coming for spring break in 1 week. I said that my 4 year old daughter for sure would be there but that I wasn't positive about my other 2 (school age). She said she was fine with that. Today I text her to confirm that for next week and she didn't text me back for over an hour and finally responded saying that she didn't get confirmation that my daughter would be coming and since the boys weren't coming she assumed my daughter wasn't either and so she made other plans and appts for that week. I sent her a screenshot of our conversation that prior sunday stating that my daughter would indeed be there. She never responded back and its been 2 hours. I am so fed up with her unreliability. THe previous week she had to take 3 days off to take care of something. I said ok. my husband and I made arrangements for the kiddos. the days were Tues-Thurs. Then Thurs afternoon I get a text from her saying she wouldn't be able to make it back in time Friday to watch the kids. so we had to make last minute arrangements for that as well.
She has taken off for a death in the family (which is fine I wasn't mad at all, except for the fact that I had only been at my new job for 3 days. ) and then she had to take off for the 3 days to leave town to take care of stuff and then another time she could only watch my kids 1/2 of a Friday and 1/2 of a Monday because she had to take/ pick up her child at airport. This is all happening within barely 2 months. my work thank god is being very flexible but im not sure how much more they are taking.
So back to spring break. now my husband and I are having to figure something out for spring break and its the Friday before....
Not to mention my boys have told me that they don't ever get to play outside or anything. they are always confined to inside. they are growing kids and need to play. especially when its beautiful 75 and 80 degree weather outside.
with everything that has happened already we have decided we just don't want to take the kids back ever. I cant keep guessing and hoping that she will be able to watch them a full week or change her schedule etc.
Her contract says a 2 wk notice is to be provided if leaving. but im wondering that considering the circumstances and basically not given a notice for spring break. if there is cause for me to pull them out right away without a notice.
Its way to stressful to keep dealing with it. and lately I have noticed that my kids cry everytime they have to go to daycare.
PS. she is in home daycare and unlicensed and watches no other kids but mine.

I am sorry your provider has not been reliable. Thats a tough one to excuse.

However, if I were you I would just pay for the final two weeks and make other care arrangements. I wouldnt bring your kids back though.

The unreliability might be the straw that broke the camels back but it was put up with until this point and in my personal opinion not reason enough to excuse you from any obligation in withdrawing according to contract.

I understand that financially it might be tough but it is what it is.

Unreliability is not grounds for immediate termination with out financial obligation and finding reasons that you dont really like the services you were getting AFTER this happens will only make you look bad.

Parents have a tendancy to add to their list of grievances after they feel they are wronged but rarely speak up before conflict becomes part of tne equation.

Im not saying you are making anything up I am just saying you kind of have a weak case/argument.

Pay the two week notice, find new care and chalk it all up to a learning experience.

Good luck! I hope you find care that better suits your needs.

[TheGoodLife]

If you do give two weeks notice, the first should be unpaid anyways as she is not watching your kids next week anyway!

[CraftyMom]

If you do give two weeks notice, the first should be unpaid anyways as she is not watching your kids next week anyway!

Not necessarily. It depends on the contract and how this particular provider gets paid. My contract says parents pay 52 weeks/ year regardless of attendance. The two week's notice is to be paid whether they attend or not.

While I understand she has been unreliable in the past, it IS possible that she missed that text saying your daughter was coming. I have missed a few texts, only to go back and look and there they are...I don't know how I missed them but somehow I did. Perhaps when she didn't respond for a couple of hours she was thinking "Oh crap, how did I miss that text? I already made plans thinking she wasn't coming". I'm not saying this is the case, just saying it is possible.

I feel you owe the 2 week's notice whether they attend or not, but like I said it depends on how it's worded and if you would normally pay for vacations. If you don't normally pay for vacations, then at the least you would owe the remaining week that is not a vacation week.

I would just pay it and move on your way. It can get heated when parents or providers start arguing over payment, it gets dragged out, ends up in court, and leaves a very bad taste in everyone's mouth just thinking of it. Best to just cut your ties and move on.

[TheGoodLife]

I usually would say parents owe (depending on the contract) but if what the OP says is correct the provider is choosing to not provide care that week even though the family needs care- it's not the family taking the week off. In that case, if the provider is not available to provide care and did not give adequate notice (OP said its the Friday before Spring break) then I would definitely not pay for that week.

[Unregistered]

WOW to terminate because a child is ill I would consider being termed "dodging the bukket" with this unprofessional provider. Insert thumbs down. However I would probably meet her halfway and pay her for like half a week though you owe nothing I feel.

[Annalee]

I recently terminated a client and did not allow her to return. My contract states I may give notice but also may terminate at will. If I terminate at will like I recently did, I do not make the client pay for the notice.