Won't Pay - Long Story

[DaycareMomma]

A little bit of a back story.

Another daycare lady and I from town are really good friends. She mentioned to me that one of her clients friends was looking for care for her 3 and 4 year olds part time. I told her I'd consider taking them.

A few days after that the mom called me and we did our interview and they signed on with me. Their hours were from 9-1 M-Th. Once school started it would be even less. The mom agreed to pay my part time hours, 36, per week for the two spots.

The first week they were here, actually the first day, she was an hour late and never called to let me know. The first week they we went outside and I was out there at all times with them because my family with the infant was gone on vacation so I could be out there all the time.

While outside that first week, I focused a lot of time on showing the new kids where they could and could not go. We have a yard that is 98% fenced in. My WHOLE back wall in my house is a window so I can see literally every inch of the backyard too, plus there is a door that I keep open while they are out there no matter what.

Well the second week the kids were here, I had the infant back, so when I sent the older kids outside, including the two new kids, I sat in my computer chair while feeding the infant watching the kids in the back yard. I could hear and see EVERYTHING they were doing.

On Wednesday I was going outside to check on the kids and I noticed the knats had come out in full force, so I hurried up and got all the kids in. The new little girl had gotten bit on her right ear, and it was bleeding. I quickly got her inside and cleaned it up, nothing major happened, it was a normal knat bite. That day I told mom about it and she laughed and said "kids will be kids", so I thought no problem.

Next morning I got a text from mom, "kids won't be there girl is sick from bug bites." So I brushed it off and said ok see you tomorrow when you stop to pay me. She stopped Friday to pay me, no problems at all, happy and acted like nothign was wrong. Friday night I get a text taht the kids won't be here at all the next week because her sister is in town. Ok, she said she'd stop and pay me no problem again.

Then on this past Tuesday she texted me and said that they will no longer be coming because they found another daycare that fits their family better. I wrote back and said Ok I understand, when will you be leaving because per my contract, that you signed, you owe me either two weeks notice or two weeks pay.

She wrote back and said The new arrangement is a better fit for her family because of the things her kids learned here, the bug bites and the fact that the little boy told her he was allowed outside without any supervision.

I told her that yes they are allowed outside, but I'm always in the back of the house watching them if I am not out there. As for the bug bites, I just told her I can't help if her daughter got one bug bite, it is a known risk with living in our area. I did ask her what her kids learned here that she didn't agree to.

She texted me back and said again that she didn't think she should have to pay me since it was my services she was uncomfortable with.

I wrote back and said by signing my contract you agreed to all terms and conditions of my contract INCLUDING but not limited to, my two week notice/pay policy. I also said I'd expect her payment of $288 to be mailed to me by June 15th.

So far she has two days left and I've seen nothing. She kept texting me that night saying that since it is my services she is uncomfortable with she doesn't feel she has to pay.

I am wondering if I handled that in the best way possible? She never once told me what her children "learned" here that was sooo bad.

Is there anything else I should/could have done?

Kudo's if you read ALL of this!

[sharlan]

If she doesn't pay, I would let her know that you will be taking her to small claims court and it will cost her more money. She will have to pay court costs if she loses. She will lose since you have a contract.

[MarinaVanessa]

Well unless you have something in your contract about supervision or specifically saying that you will be physically present when they are outdoors, you're not within your states regulations or you have broken any part of your contract then I don't see how that explanation could fly.

I know that some places have different regulations so you would really have to check yours (if any apply to you) to see if you were in the wrong or not. Soem places you have to be physically present in the same area as the children and they can never be left alone, some you have to be within eyesight, some you have to be within sight OR sound and can have kids sleeping on another floor, other places you can only have kids on the same floor that you are on as long as you are within hearing distance and other places if you are not required to be licensed or registered there aren't any regulations on this stuff at all. What do your regulations say?

If you could find a regulation about this and send it to her (or send her message saying that there are no regulations about this if you have none) and say that this wasn't discussed at sign up and you didn't know this would even be a problem and had she simply talked to you about it the situation could have been changed etc. so therefore you are still owed that money. She can repeat herself all she wants but saying it iver and over doesn't magically change her legal obligations.

[SimpleMom]

I would take it to court. Send her the notice of warning first. Then, follow through if you don't get payment by said date.

You did the right thing, to answer your question. It was a good idea to ask what the issues were and such as well. Also, a good idea to enforce the payment issue. I've had it happen to me as well. Have to admit, I haven't always been good about seeking that payment (just to uncomfortable sometimes) so, now I require the last two weeks upfront and it counts toward a deposit. Non-refundable and that's noted as well.
Haven't had that problem (of no payment) since!!

[DaycareMomma]

My regulations state that(and I am NOT quoting this) children over the age of 2 may be allowed outside without supervision as long as they are in a lot ajecent to the daycare home and are within sight/hearing distance. As stated my whole back wall is a window and door, so I can see if not see AND hear at all times. The only reason I'd be inside is if the infant is sleeping or eating.

I told her what my daycare rule via the state says and she goes "I'm in no way accusing you of doing anything against the law."

I am fully prepared to take her to small claims court. I've already been in contact with a family friend that is a lawyer and we're getting things lined up already as I don't feel she'll pay me.

[DaycareMomma]

I just wish she would have told me what her kids learned that she was uncomfortable with. I am always willing to learn from mistakes or misdoings.

[cheerfuldom]

She hasn't told you because she doesn't have anything legitimate to say. You already called her out on ONE bug bit and one trip outdoors. She shouldn't have taken her kids story as truth and then lie about those days they were gone while she was really finding another provider. She knows shes wrong and is hoping you drop it out of fear for what her kids supposedly learned there. Take her to court. One official letter will sometimes make them cough up the payment.

[PolarCare]

The nice thing about court

The nice thing about taking someone to court, even though it doesn't benefit you as much, is that in Alaska where I live there is a court website where you can look up court cases. Before I take a client I always do my own internet background check, and I always review their court cases. Gone through a divorce? No problem. Had domestic violence charges stick? Not coming to my house. Have a string of bad debts and evictions? Not going to pay me, most likely, and not using my services.

At least it serves as a warning to the next guy. MANY times I have called someone after an interview because I saw on the court website that they have been sued more than once by daycares or centers and have been ordered to pay.

[TBird]

Court....

[DaycareMomma]

Thank you all so much for your replies. I am fully ok with heading to court to collect my money.

It was really hard last week when she first said everything to me. It really made me feel like a bad daycare provider and that I might have done something wrong to put a child in danger. Deep down I know I didn't do anything wrong, but when people make false accusations, it hurts.

I'm finally to the point where I'm ok with the situation, but I just hope she smartens up and pays me before I have to take this further.

[Unregistered]

all money aside

I wouldn't feel at all comfortable with my child coming home covered in bites after being outside alone. I have never heard of gnats that bite and cause blood. One of the reasons you go outside with the kids is to notice biting insects. Its not easy telling a new provider that you are uncomfortable, in front of your kids with the new provider.

I think you knew she was uncomfortable, you knew the amount of attention you were giving during a reasonable trial period was more than what you would be offering later and that you are asking to be paid for work you did not do. I would let it go.

[DaycareMomma]

I wouldn't feel at all comfortable with my child coming home covered in bites after being outside alone. I have never heard of gnats that bite and cause blood. One of the reasons you go outside with the kids is to notice biting insects. Its not easy telling a new provider that you are uncomfortable, in front of your kids with the new provider.

I think you knew she was uncomfortable, you knew the amount of attention you were giving during a reasonable trial period was more than what you would be offering later and that you are asking to be paid for work you did not do. I would let it go.

Anybody else smell a troll? Usually I'd reply back to this sort of response trying to defend myself, but I know better than that now!

[countrymom]

I wouldn't feel at all comfortable with my child coming home covered in bites after being outside alone. I have never heard of gnats that bite and cause blood. One of the reasons you go outside with the kids is to notice biting insects. Its not easy telling a new provider that you are uncomfortable, in front of your kids with the new provider.

I think you knew she was uncomfortable, you knew the amount of attention you were giving during a reasonable trial period was more than what you would be offering later and that you are asking to be paid for work you did not do. I would let it go.

dear unregistered,
please read the post before you apply. The op said the child had 1 bite not several. Just like misquitos, you never know where they can pop up. Also, these children were old enough to be outside by themselves, I'm glad for people like you who hoover over children all day and night, they make our society so much better (do you see my sacrasm) you didn't then read the part that the mom was a flake either and that she was just looking for cheap care, she could have cared less. If she cared about the situation she would have tried to work it out with the provider. Also, its funny how you can add your 2 cents to a post but are to chicken to register and post your name.

[DaycareMomma]

dear unregistered,
please read the post before you apply. The op said the child had 1 bite not several. Just like misquitos, you never know where they can pop up. Also, these children were old enough to be outside by themselves, I'm glad for people like you who hoover over children all day and night, they make our society so much better (do you see my sacrasm) you didn't then read the part that the mom was a flake either and that she was just looking for cheap care, she could have cared less. If she cared about the situation she would have tried to work it out with the provider. Also, its funny how you can add your 2 cents to a post but are to chicken to register and post your name.

Amen sister! Thank you!

[MarinaVanessa]

The nice thing about taking someone to court, even though it doesn't benefit you as much, is that in Alaska where I live there is a court website where you can look up court cases.

Not just Alaska. I'm in CA and although there isn't a centralized website that checks the whole state my county does have a website with a case search where I can enter the persons name and birthdate and it'll show any cases within our county that they've been involved in. After the initial telephone contact I e-mail the potential client with a form that mostly asks questions about their child, why they need care, did they put in their 2-weeks notice etc. At the top I ask for the parent's info like where they work, work hours etc. I sneak date of birth in there so that I can check them out. It's a good idea to see whether your area does this but not all places do.