Temination Due To Transportation W/Out Permission

[kelliott]

i started my son at a new daycare in february. he liked it. this was a license facility located at the owners home. it was her and her daughter that ran the daycare together. altogether there are 4 of them in the family, one of which is a highschool boy who plays baseball. all members of this family refuse to miss any of his baseball games if they are located in town. at the start of my son attending they had me sign a contract and included a permission slip for transportation of my son to these baseball games if i could not pick him up before the game-i did NOT sign it. i work 8am-5pm everyday and the games start at 4:30 in which she said, at the time of signing up, that she would let me know the dates of these games. this week she had sent me a text message at 8PM the night BEFORE a baseball game telling me i had to leave work early the next day and pick up my son by 4pm so they could go to their game. with such short notice i was not able to leave work and she took my son to the game with her without my permission! so a couple questions..

is that even legal?

i immediately removed him from her daycare and he will not be going back because of what she did.. in her contract is states that she needs 4week notice and to be paid for that 4 weeks, but because she broke that part of the contract, do i still need to pay her?

can she send me to collections and have ground to stand on for payment?

[Greenplasticwateringcans]

I am not insinuating this is your fault at all but am wondering if you called her that day to say you could not leave work with a reminder that you had not signed the permisson to transport slip.

[Heidi]

Im not sure what state you're in, but our state paperwork has a consent written right into it.

[butterfly]

It sounds like she told you of these situations when you signed up with her. Since you had knowledge of this in the beginning, I believe you would be responsible for upholding your part of the contract. I don't necessarily believe it was right of her to transport, but if you knew this would a possibility in the beginning, you would have been better off finding another provider.

If I were your provider and you pulled your child from my care, I'd send you to collections for nonpayment.

[Blackcat31]

If your provider is required by law to get a signed permission slip to transport your child, then she is the one in the wrong and did break the contract.

I would definitely call your area licensing office and discuss this with the licensor.

Depending on whether or not she was required to obtain written permission or not will depend on whether or not she can pursue payment for the final four week notice period.

[Blackcat31]

It sounds like she told you of these situations when you signed up with her. Since you had knowledge of this in the beginning, I believe you would be responsible for upholding your part of the contract. I don't necessarily believe it was right of her to transport, but if you knew this would a possibility in the beginning, you would have been better off finding another provider.

If I were your provider and you pulled your child from my care, I'd send you to collections for nonpayment.

But it depends on what if any plan of action the provider and parent had about notice for early pick up, how often it happens and what the provider will do if the parent can't pick up early.

Simply saying I want you (the parent) to leave work early every time I ask you, even with short notice is not a legal binding agreement/

[Crazy In Mo]

If you were that set on her not transporting your son I think you should of made sure he was picked up. It seems that she made it very clear that she either needed to be able to transport or needed you to pick up early on days she had games to attend. Im not saying that her transporting without your permission is ok BUT she had plans.....and its you responsibility to get him picked up on time.

[momofboys]

i started my son at a new daycare in february. he liked it. this was a license facility located at the owners home. it was her and her daughter that ran the daycare together. altogether there are 4 of them in the family, one of which is a highschool boy who plays baseball. all members of this family refuse to miss any of his baseball games if they are located in town. at the start of my son attending they had me sign a contract and included a permission slip for transportation of my son to these baseball games if i could not pick him up before the game-i did NOT sign it. i work 8am-5pm everyday and the games start at 4:30 in which she said, at the time of signing up, that she would let me know the dates of these games. this week she had sent me a text message at 8PM the night BEFORE a baseball game telling me i had to leave work early the next day and pick up my son by 4pm so they could go to their game. with such short notice i was not able to leave work and she took my son to the game with her without my permission! so a couple questions..


is that even legal?

i immediately removed him from her daycare and he will not be going back because of what she did.. in her contract is states that she needs 4week notice and to be paid for that 4 weeks, but because she broke that part of the contract, do i still need to pay her?

can she send me to collections and have ground to stand on for payment?

I am curious as to why you signed up with her?? She did tell you she would not miss her son's games & I can't say I blame her. She should have possibly given you more notice BUT she did tell you in advance she wouldn't miss a game. I have 3 boys in baseball & would do the same in a heartbeat. My family has to come first. That said we never have games that early so I wouldn't be transporting kids to them.

I don't know about the contract although you did sign saying you would pay for 4 weeks. She should not have transported without notice but if she did give you notice of the game why did you not pick up on time????

[kelliott]

he has games for a month and a half-til the middle to end of may. she did this to me monday night and tuesday she said the next game was this week on thursday in which i would have to leave work again..

[kelliott]

at my work i have to fill out a form to request time off.. when she let me know about this early pick-up it was 8pm and was not able to do that until the day of, which my boss would not let me do

[Blackcat31]

he has games for a month and a half-til the middle to end of may. she did this to me monday night and tuesday she said the next game was this week on thursday in which i would have to leave work again..

at my work i have to fill out a form to request time off.. when she let me know about this early pick-up it was 8pm and was not able to do that until the day of, which my boss would not let me do

Did you two have a plan in place for times you were not able to leave work early?

Was there a minimum notice time in which she had to let you know that you had to pick up early?

How far in advance did she normally tell you there was a game?

[kelliott]

i understand that this is in part my fault and that i should have found another daycare provider, but i am a single mom that works full time and goes to school ALL without ANY type of financial aid or assistance. she was the one i could afford, so i went with her..i have to keep my job and at the same time i want my son to be happy and safe..i didn't know what else to do with such a time crunch trying to find a daycare

[momofboys]

It sounds like she told you of these situations when you signed up with her. Since you had knowledge of this in the beginning, I believe you would be responsible for upholding your part of the contract. I don't necessarily believe it was right of her to transport, but if you knew this would a possibility in the beginning, you would have been better off finding another provider.

If I were your provider and you pulled your child from my care, I'd send you to collections for nonpayment.

ITA with this.

[kelliott]

this was the first game and she told me at 8pm the night before the day i had to leave work early. she says that she told me ahead of time and gave me plenty of time to arrange his pickup, but she didn't give me dates on when these games would be whatsoever..

[kelliott]

because the notice she gave me was less than 24 hours before his game and i had no time ahead to give my boss notice..i can't just show up to work and tell him when i want to leave..i have to fill out a request form for time off