Breach of Contract

[DestinyAja]

I have a family that hasn't brought their child to my home daycare since last week Wednesday. They were given my Operational Policies, and signed a Parent Contract, which both stated that 2 weeks notice was required when taking their children out of the daycare. This is the first time this has happened to me. What happens next???

[MunchkinWrangler]

Have you tried to contact them?

[DestinyAja]

Yes I did and she says her husband is waiting on a start date for his new job so he's been home with the little girl. But the Operational Policies also states that the weekly tuition is for the child's spot, whether they attend or not. I don't know if I should be lenient or just let them go or press the issue or what??? I mean she didn't even reach out to me to let me know that all this time I try to be understanding, but at the end of the day, I'm running a business here.

[Mike]

I try to be understanding, but at the end of the day, I'm running a business here.

They pay for the spot whether they use it or not.

You could give a discount if you want, but I wouldn't.

[MunchkinWrangler]

Yes I did and she says her husband is waiting on a start date for his new job so he's been home with the little girl. But the Operational Policies also states that the weekly tuition is for the child's spot, whether they attend or not. I don't know if I should be lenient or just let them go or press the issue or what??? I mean she didn't even reach out to me to let me know that all this time I try to be understanding, but at the end of the day, I'm running a business here.

I know it ****s but this is where I have a backbone. Other areas not so much. You should and need to tell them that they need to pay or you cannot hold the spot for them. I personally would be trying to fill that spot with someone else. It's not personal, just business.

Make it plain and clear. They signed a contract. Payment is due and late. They must provide their notice if they are not attending. They must pay for the spot even if the child isn't there, which I don't understand why they wouldn't be sending her but it sounds like they didn't pay either.

I would absolutely press the issue and I would be considering termination as this is the wrong foot to start out on. They should have communicated what their childcare needs were and if they couldn't start right away that is information you should have had access to.

[Michael]

More breach of contract threads: https://www.daycare.com/forum/tags.p...ch+of+contract

[DestinyAja]

Thank you so much for your input and support. So how does that work? Am I supposed to take them to court if they don't bring the child back?

[sharlan]

No, you take them to court if they don't honor the contract and pay for their space.

You cannot force a parent to bring their child to you.

[EntropyControlSpecialist]

No, you take them to court if they don't honor the contract and pay for their space.

You cannot force a parent to bring their child to you.

They signed a contract that they would provide something to you, most likely, correct? A two week notice period?

They need to provide this to you now, if they are exiting care, or they need to pay their tuition amount due PLUS late fees (if you discussed late fees in your handbook/contract).

There are many people who have it written into the handbook that after x number of days of no contact the child will be terminated from care and the child care spot will be filled.
Upon people signing on with me I require their final two weeks tuition payment. This applies to their final two weeks if a written two weeks notice is given. If this situation occurred to me, I would fill the spot and use their security deposit fee to fill the void in the meantime.

[Ariana]

Let them know that they have two options:
1)Bring the child for care and keep the spot.
2)Pay for the spot to keep the spot.

If neither of those works, immediate termination. The next family you take on make sure you get a two week deposit so when they pull stunts like this you have the money to cover your butt while you look for someone else.

[laundrymom]

I would send a text::
Hey Sally, you can go ahead and bring this weeks payment anytime but nap time on Friday. Just let me know what time you or John will be dropping it off.
Thanks.

The issue of him working isn't your concern.

[DestinyAja]

I sent her a text yesterday asking her how she would like to handle this week's payment....she responded "I have to pay even though she didn't come?" I said yes ma'am, as stated in the Operational Policies and Parent Contract that you signed, weekly tuition is to hold your child's spot and not based on attendance....She never responded. I don't know what to think now.

[MunchkinWrangler]

I sent her a text yesterday asking her how she would like to handle this week's payment....she responded "I have to pay even though she didn't come?" I said yes ma'am, as stated in the Operational Policies and Parent Contract that you signed, weekly tuition is to hold your child's spot and not based on attendance....She never responded. I don't know what to think now.

Move on. I would try to fill the spot asap, especially if you need it filled for financial reasons. No call/no shows to me mean the contract is terminated. I wouldn't even discuss it further TBH. There is really nothing you can do and it wouldn't be worth it to try to go to court over it. Just be done. If they contact you again just act surprised and say that you didn't hear from them so you filled the spot with another child and that you had no communication to confirm their decision.

[Blackcat31]

I sent her a text yesterday asking her how she would like to handle this week's payment....she responded "I have to pay even though she didn't come?" I said yes ma'am, as stated in the Operational Policies and Parent Contract that you signed, weekly tuition is to hold your child's spot and not based on attendance....She never responded. I don't know what to think now.

Send a certified letter stating the total amount due and when it's due.

State what your next step will be if they do not pay by X date. (Small claims court or collection agency...your choice)

If they don't pay by the date specified, then you will need to follow through with the consequence and file in small claims or send their account to collections.

I would not have any further contact with them other than sending the certified letter/statement and collecting or accepting payment.

Fill the space and upon new enrollment, require a deposit equal to two weeks notice so that should you find yourself in this situation again (where a parent doesn't show up) you won't be out any money.

[DestinyAja]

Send a certified letter stating the total amount due and when it's due.

State what your next step will be if they do not pay by X date. (Small claims court or collection agency...your choice)

If they don't pay by the date specified, then you will need to follow through with the consequence and file in small claims or send their account to collections.

I would not have any further contact with them other than sending the certified letter/statement and collecting or accepting payment.

Fill the space and upon new enrollment, require a deposit equal to two weeks notice so that should you find yourself in this situation again (where a parent doesn't show up) you won't be out any money.

Got it! Thank you! If it goes to collections it would be on her credit if she doesn't pay right? So are there certain collection agencies that deal specifically with daycares? Or do I just google one?