Legally What Can I Do

[nikia]

My last day of daycare is Friday and today I had a family no show, no call. I figured this would happen with this family because she wanted the copy of her handbook and knew if she pulled early she had to give two weeks notice with pay regardless if they were here. So I figured she would skip out on the last week and try to not pay.

My question is can I charge her for two weeks since no notice was given on her end? Or can I not because my last day is this Friday, can I only charge her the week plus late fees if it is not here today? My contract states a two week notice must be given if children are being pulled from my care and they must pay regardless. I didnt know if this would still be in effect given I am closing. Anyone run into this ever? Any advice?

[dEHmom]

I would just let her know, that she owes you for X days, and you will be charging a late fee for each day it is late, and if the matter has to be settled in court, it will become a lot more than just what she owed originally.


Do you not have a deposit?

[MyAngels]

My last day of daycare is Friday and today I had a family no show, no call. I figured this would happen with this family because she wanted the copy of her handbook and knew if she pulled early she had to give two weeks notice with pay regardless if they were here. So I figured she would skip out on the last week and try to not pay.

My question is can I charge her for two weeks since no notice was given on her end? Or can I not because my last day is this Friday, can I only charge her the week plus late fees if it is not here today? My contract states a two week notice must be given if children are being pulled from my care and they must pay regardless. I didnt know if this would still be in effect given I am closing. Anyone run into this ever? Any advice?

When you gave notice that you were closing as of Friday, you terminated your contract effective that date. You are absolutely within your rights to expect payment through that date, unless they had given you proper notice two weeks ago, but I doubt that you would be successful getting payment for the week following your closure date. I would definitely send a strongly worded letter detailing what they owe for this week, including any late fees, and the date by which you expect payment as well as the date you will file suit in small claims court if you don't receive full payment.

[nikia]

I would just let her know, that she owes you for X days, and you will be charging a late fee for each day it is late, and if the matter has to be settled in court, it will become a lot more than just what she owed originally.


Do you not have a deposit?

No deposit

When you gave notice that you were closing as of Friday, you terminated your contract effective that date. You are absolutely within your rights to expect payment through that date, unless they had given you proper notice two weeks ago, but I doubt that you would be successful getting payment for the week following your closure date. I would definitely send a strongly worded letter detailing what they owe for this week, including any late fees, and the date by which you expect payment as well as the date you will file suit in small claims court if you don't receive full payment.

They didnt give any notice just didnt show up, I figured I cant get two weeks :: but Im just angry about it and figured if they wanted to try and screw me out of this weeks pay I would be just as equally mean about it, if I could get two weeks because of no notice.

Thanks for the replies, I will send a letter today certified and see what happens.

[Cat Herder]

Have you called them?

If I sent the letter first I would find out the next day they were in a minor wreck on the way and simply forgot to call....

I am just lucky like that, I guess...::

[nikia]

Have you called them?

If I sent the letter first I would find out the next day they were in a minor wreck on the way and simply forgot to call....

I am just lucky like that, I guess...::

That may be my luck to :: but they were supposed to be here 5 hours ago and she is at work, she works with another mom who I am friends with.

[SilverSabre25]

I would say getting one week and late fees is probably the best you can do...but definitely try!

[dEHmom]

I say phone or email let them know the balance outstanding. Whether they choose to attend or not.

Wait a few days for a reply, if nothing...Friday send them notice of amounts owing + late fees.... at the bottom of the notice, advise should this matter need to be settled in court, they will be liable for but not limited to any and all legal fees, balance, late fees, and the cost of certified letter.

[nikia]

I say phone or email let them know the balance outstanding. Whether they choose to attend or not.

Wait a few days for a reply, if nothing...Friday send them notice of amounts owing + late fees.... at the bottom of the notice, advise should this matter need to be settled in court, they will be liable for but not limited to any and all legal fees, balance, late fees, and the cost of certified letter.

Can I charge the amount of pay I will lose at my new job for having to go to court? If it comes down to going to court.

[dEHmom]

There are certain instances when you can request a loss of income, but I dont' know the requirements on that. I am also in Canada and generally we don't do this, but I know many have successfully done so.

[wdmmom]

I would attempt to contact the parent by phone first. Of course, that will more than likely be unsuccessful. Leave a message asking what happened with today and if X will be back tomorrow. If you don't get any response tomorrow, send a certified letter saying you owe me X dollars and it is due by X. Failure to provide payment will result in legal action and leave it at that.

Most judges will not honor lost wages. You requested the legal action so you knew you would have to appear in court. Either you want what is rightfully owed or you want your lost wages for the day. They usually don't allow both.

Good luck!!!