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Two Week Notice
I have a private pay sitter service I run from my home. I do not have a license or anything. I have a Facebook group page for my services with all my requirements, rates, and info posted which I have all my moms/dads read and "like" before starting services. I require a two week notice if parents terminate services and if they do not give a two weeks notice I require that the two weeks be paid in full on last day of service. I have a parent who recently took their son out due to sickness then then next week took him out permanently and said they had been going somewhere else and was terminating services immediately with no two weeks notice and won't pay. Does anyone else ask of this? Should I take it to small claims court?
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A few questions. Do you provide the care in your home? Are you required to be licensed to do so? Do you have an actual contract? If you don't have a contract and if you are required to be licensed, you likely won't get far. Most of the time you have to "have clean hands" to go to court and win. So if you are required to be licensed and are not, you may very well loose. And without a written and signed contract it can be hard also. It can be done, but not as easily. -
I do operate from home and I do not have to have a liscense. There was not a contract signed (something Ive learned my lesson on and am in the process of starting). I told her about my info on Facebook however and asked if she read everything and she said yes, so I'm hoping that and the fact she started services will be enough to help "prove" my case.Comment
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I am also legally unlicensed. I don't know if the Facebook thing will help or not. I would get a contract going for the future. Also many of us hold "deposits" but put in the contract that those are applied to the final two weeks when two weeks notice is given. Currently (due to the economy in my area) I hold only one week, but I require pre payment on Fridays for the following week. So today (Friday) they pay for next week if they don't show up, I was still paid. I would still then go to court for the rest of my notice period though.Comment
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With the Facebook "like", take a screen shot of your policies and the list of people who have "liked" it. That may help you. But do it NOW. You can unlike something just as easily as liking it on Facebook. They would essentially be removing themselves from that list if they unlike the policies post.Comment
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If she works from home, she is considered legally licensed exempt if she keeps 3 or less kids at anytime... I worked in WV as a licensed first time around (6 kids), legally licensed exempt 2nd time (3 kids); I learned from the get go not to do anything without a contract of some sort thanks to a few providers on older defunct forums. If she takes more than 3 kids she will lose automatically for running illegally.Comment
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I am hoping you take no more than 3 kids at anytime, because that's WV law for legally licensed exempt... 4 or more you have to be licensed; as was said, contract your families & get pre-payment on Fridays... I started out 16 yrs ago in WV as a total newbie and have learned a lot along the wayComment
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In the beginning, I had this happen to me enough times till I made a change for this very reason. Years ago I made the change to require an enrollment deposit that is equal to two weeks care. I get this up front during the enrollment process, which is best. That way if anyone pulls out they either forfeit the $$ or I for sure get the two weeks notice. If you would like me to share the clause, just send me a PM with your email and I would love to share.
I don't know if its worth it to go to small claims court (missing work, paperwork, etc.), but you need to decide for yourself if its worth it.Comment
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I can't thank you all enough for all your answers & input! I've been working with kids for over 11 years experience but as an actual job I started this service 2 years ago and I'm still very new to all this! I only have 2 kids at the moment & I've never had more than 3 at a time so that's great you all said that because I thought you couldn't have more than 3 but I wasn't positive. She messaged me last night asking for my address and said she would send the payment but i can't believe for sure that's what her intentions are until I have it in hand because she was very adamant about not paying it & but after I sent her a msg explaining all I had done for her & her child & what a bind it would leave her in if I would have jus up n quit on her she finally said she'd send it. Praying she does n doesn't have other intentions!( which idk what b) but again thank you all for your help! I will for sure work up a contract & figure out what to do about deposits & people paying on Fridays for the following week. :-) thank u thank u!!Comment
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I would request the money in person in cash or through email/direct pay. Tell her that you need her to come over this weekend, she needs to pay the notice period in cash only, and you will have her receipts ready. You also have paperwork for her to sign indicating that the notice period has been received/paid and that all of her child's items are in receipt by her.
Whether or not you have this paperwork is not important. It is easy enough to throw together in an hour so that you do. It sounds to me like she is hoping to 'delay' paying. In other words, "I sent you the cheque, did you not receive it?". Been there, done that.
I don't know about pursuing this otherwise, 'liking' something on fb doesn't sound very legally binding, but what do I know.
For the future, have a contract. Get parents to sign it. Prepaid care only. That way if a parent decides to walk, you have recourse. If you decide to get a deposit, even better.
Good luck!Comment
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I sometimes offer a payment plan for this. A current family that started in Jan, I had a good vibe about and mom was just starting a new job. So I let them pay at the end of the week, with an extra $30 a week added to the payment until the deposit was done and they were pre paid.Comment
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Hey everyone!!! Jus wanna say first off... Thanks again for all ur input and help! I mentioned the other day that the mother finally after I messaged her about how wrong she was doing me after all i did for her child she decided to message me bak n say... Ok we will send you the money... I need your address! But unfortunately she has yet to send it... Which I didn't expect her too I fig she was lieing but.... Now that she has said she will pay me could that help if I took it to court? It's like she's agreeing she should pay it by telling me she will! I mean she could have easily just ignored me, deleted me, or blocked me but instead she reads my message telling her how much I did for her n how I would have never thought she could do this to anyone let alone someone who took care of her child... N she tells me I will send you the money! What should I do? I was thinking about making up a form stating she had like 7 days to pay it or it will b taken into legal matters. Or do I jus file take her or jus forget about the $. I want to b able to forget about it but financially in n such a bind right now! If I don't pay my car payment by tomorrow it will get repoed n I usually already have it paid when she pays me on Monday! I'm so stressed out... Worrying... & lost with what to do!! Please help with any input you can!! Thanks everyone!!Comment
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