Verbal Contract Vs Written Contract- What Should I Do?

[daycare]

So some of you know I am going through a situation right now with a family that has given notice.

Issue at hand.

The DCP and I had verbally talked about her children going out on a Maternity leave for a certain period of time. She asked if her children could atten 2 days a week instead of 3 days like they are now. I said yes. We did not talk about discounts, what days they could attend or anything like this at all. I was only given a time frame and said we would talk about it.

So I write up a maternity leave contract that states that the boys can attend 2 days a week on tue and wed and they will have to half rate for the third day while out on mat. leave if they want me to hold the spot for them. I am expecting the DCP to sign the form and email it back, however, I get an email saying that they are giving two weeks notice.

Now she gave the two weeks notice, but now she only wants to pay for two days instead of the 3 as currently contracted. Since she never signed the maternity leave contract, I feel she she still be held to the current contract.

At first, I didnt care, but now I am just tired of all the drama and the stuff they are doing to me.

Would you honor the verbal non agreement or follow the current contract that you are in?

[sharlan]

IMHO, you're making too much hassle for yourself. Forget the contracts and just let them and the drama leave.

They'll be gone and you won't have to deal with them anymore.

[wdmmom]

I wouldn't fret over 1 day. I would tell the family that because they gave notice, you're last day will be _____. And be done with it. You'll be much, much happier in the end!

[daycare]

I wouldn't fret over 1 day. I would tell the family that because they gave notice, you're last day will be _____. And be done with it. You'll be much, much happier in the end!

true, its just that i am mad that I will be out the $100 bucks....its two kids

I keep going back and forth about it. My huband keeps playing the devil, becuse he has seen first hand all the stuff they put me through. They were so anul about contracts and needing to have one to change anything and now they are being two faced about it.

[wdmmom]

In that case, I'd provide notice immediately that either payment of $___ is due immediately or services are cancelled effective immediately. They don't pay, don't provide any more daycare.

You do have a written contract and it will stand up in court.

Here's my policy for termination of services if it helps you any.

Termination of care: Parents are required to provide one calendar month notice to cancel services. Notices must be in written or typed on paper and given to daycare personnel. No text messages or email.

Any unused accrued vacation, personal time and holiday pay owed to the daycare will be due at the end of the contract. Parents are required to pay a full months payment at the time notice is given. Provider will then calculate any time off that hasn't been taken. You will receive an invoice for these charges and they are due on the Friday of the week the invoice was distributed. Failure to pay will result in immediate termination with no refund for any advance weeks paid.

Provider may cancel services for any reason at any time with or without notice.

[Mike Lassiter]

From my understanding, she is still under original contract because:
1. She hasn't signed the verbally discussed agreement that would supersede the current contract.
2. She is not yet on maternity leave, so even if there was a signed contract it wasn't to take effect until maternity leave started.

FYI everyone * if you make an agreement that is mutually agreed on to become effective at some future time or when something (that hasn't happened yet) happens you need to include a clause in that agreement that specifically states until the time or event yet to occur happens the original contact with remain in effect.
That binds both sides to the current arrangement until the time the new arrangement is to take effect.
Frontal
Dacare, your current contract is still the binding one. As noted, the new agreement was not signed yet so it is invalid period. I personally think you should advise them they are obligated to honor the standing agreement and if they cannot do so they should be fired and tell them it is for breach of contract. The new unsigned agreement has no affect here because of the 2 reasons stated at the beginning here. They cannot use a agreement that they didn't agree to by signing it as basis to change the arrangements.

[daycare]

In that case, I'd provide notice immediately that either payment of $___ is due immediately or services are cancelled effective immediately. They don't pay, don't provide any more daycare.

You do have a written contract and it will stand up in court.

Here's my policy for termination of services if it helps you any.

Termination of care: Parents are required to provide one calendar month notice to cancel services. Notices must be in written or typed on paper and given to daycare personnel. No text messages or email.

Any unused accrued vacation, personal time and holiday pay owed to the daycare will be due at the end of the contract. Parents are required to pay a full months payment at the time notice is given. Provider will then calculate any time off that hasn't been taken. You will receive an invoice for these charges and they are due on the Friday of the week the invoice was distributed. Failure to pay will result in immediate termination with no refund for any advance weeks paid.

Provider may cancel services for any reason at any time with or without notice.

so in my current contract with them, parents pay one week in advance. So this thursday will be thier last payment, but it will be $100.00 less as they are not paying for the third day......according to them.

[daycare]

From my understanding, she is still under original contract because:
1. She hasn't signed the verbally discussed agreement that would supersede the current contract.
2. She is not yet on maternity leave, so even if there was a signed contract it wasn't to take effect until maternity leave started.

FYI everyone * if you make an agreement that is mutually agreed on to become effective at some future time or when something (that hasn't happened yet) happens you need to include a clause in that agreement that specifically states until the time or event yet to occur happens the original contact with remain in effect.
That binds both sides to the current arrangement until the time the new arrangement is to take effect.
Frontal
Dacare, your current contract is still the binding one. As noted, the new agreement was not signed yet so it is invalid period. I personally think you should advise them they are obligated to honor the standing agreement and if they cannot do so they should be fired and tell them it is for breach of contract. The new unsigned agreement has no affect here because of the 2 reasons stated at the beginning here. They cannot use a agreement that they didn't agree to by signing it as basis to change the arrangements.

I was very clear in the maternity leave contract (that was not signed) with the exact dates. I even mentioned that the signing of the new contract would void all previous contracts. so I agree with you and feel that it is only fair.

In my eyes, this is a business move, however, it is being pushed by my emotions...

[wdmmom]

If you charge regardless of attendance, they pay you their normal weekly rate.

Tell them this along and provide them a copy of their signed contract and the highlighted section stating this.

I wouldn't let them get away with it. A signed contract always supersedes an upcoming potential verbal contract. As far as I can see, you had a discussion about maternity leave. No agreement was reached.

[Mike Lassiter]

Understandably so. You have tried to meet in the middle and now they want you to give all while they give none.

Integrity is something people get by fairly dealing with others and by making their word their bond. You have offered to discount your rate for them and now they have decided to end relations with you for whatever reason. Something odd going on here but I suggest keeping it JUST about business. When everything is said and done you will feel better for it. I know it's hard to not let emotions get into it; but make this business and not personal. That's really all it is - a business transaction. Keep it professional and just about business and you will have a clear conscious when you part ways.

[daycare]

Understandably so. You have tried to meet in the middle and now they want you to give all while they give none.

Integrity is something people get by fairly dealing with others and by making their word their bond. You have offered to discount your rate for them and now they have decided to end relations with you for whatever reason. Something odd going on here but I suggest keeping it JUST about business. When everything is said and done you will feel better for it. I know it's hard to not let emotions get into it; but make this business and not personal. That's really all it is - a business transaction. Keep it professional and just about business and you will have a clear conscious when you part ways.

see this is why we need a man like you mike... my husband says the same thing as you. Business is business, if they take it personal that is their problem not yours.

I keep going back and forth about it. Like some of the other ladies said, I just want it over with....BTW they are terming because I don't have room for thier child yet to be born and they want all of the kids together. I respect if 100%, but still trying to find my professional back bone to let them know I am only going to honor the current contract.

[wdmmom]

see this is why we need a man like you mike... my husband says the same thing as you. Business is business, if they take it personal that is their problem not yours.

I keep going back and forth about it. Like some of the other ladies said, I just want it over with....BTW they are terming because I don't have room for thier child yet to be born and they want all of the kids together. I respect if 100%, but still trying to find my professional back bone to let them know I am only going to honor the current contract.

Ultimately it's your decision and whatever you choose to do should be done so based solely on business. I wouldn't take personally and if they do, that's their prerogative.

As for not having room for their infant...it's probably better that way. Taking a family with multiple children...especially 3 usually makes up for 50% of your income. They probably would have left sooner or later anyway. Better you are losing 2 rather than 3.

Keep us updated. I'm curious to see how this pans out for you.

[Mike Lassiter]

see this is why we need a man like you mike... my husband says the same thing as you. Business is business, if they take it personal that is their problem not yours.

I keep going back and forth about it. Like some of the other ladies said, I just want it over with....BTW they are terming because I don't have room for thier child yet to be born and they want all of the kids together. I respect if 100%, but still trying to find my professional back bone to let them know I am only going to honor the current contract.

That is understandable yet I think more maturity on their part could have made this a peaceful separation. It's not your fault you can't keep but so many. Sounds like bitter parents taking frustrations out on you. I would want all of my kids a one place too ESPECIALLY lf it was a good place and I was pleased with care given.
Did you consider that might be source of problem? They don't want to leave but have too if all kids need to to same places. Maybe this is about hating to pull the 2 you keep because they want to stay with you.

[daycare]

That is understandable yet I think more maturity on their part could have made this a peaceful separation. It's not your fault you can't keep but so many. Sounds like bitter parents taking frustrations out on you. I would want all of my kids a one place too ESPECIALLY lf it was a good place and I was pleased with care given.
Did you consider that might be source of problem? They don't want to leave but have too if all kids need to to same places. Maybe this is about hating to pull the 2 you keep because they want to stay with you.

I know they are torn. I'm not upset that they are leaving as I understand and would also want the same for my kids. It's just the BS that they are giving me. I posted earlier about stuff they are doing.
I wish things could be different, really I do but I believe things happen for a reason. This is a sign to be that our time has come to an end.

I really just want to remain clear precise and professional as I possibly can til the very end.

[Sunshine44]

I'd tell them today that payment for the following week is due tomorrow in full (whatever their NORMAL rate for a week is). If they cannot provide that for you then they are termed immediately and let them go on their merry way. They are treating you this way because they know they don't have to deal with you anymore and I'd treat them the same way. They are upset that things are not going their way. Kick them to the curb. And do not let it get you down. Things happen for a reason.