Temination Due To Transportation W/Out Permission

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  • proudmommyofthree
    New Daycare.com Member
    • Apr 2012
    • 179

    Originally posted by mom2many
    I am baffled?!? There is NO emergency "card" in CA that I have ever been given or seen! What is the number on this, so I can look it up. The Identification and Emergency Information "form" is LIC 700 and has NO back side! Am I in the twilight zone???? I have been doing this since 1986 and this is news to me!
    Same here. I don't know what form your talking about. I do know that licensing just went to a friend of mine yesterday. And asked if her how many passenger seats her van was. She has a 15 passenger van (I do as well) the only thing licensing g told her was that we needed a class B license and a certificate from the Sherriff. Nothing was mentioned about permission slip needing to be signed. I just got a visit also in January and I was not asked about this form either. But if its out there I would like to know also.

    Comment

    • kelliott
      Daycare.com Member
      • Apr 2013
      • 77

      Originally posted by Blackcat31
      I am glad you view this as a learning experience.

      That attitude can only be helpful in the future so good for you!

      I do hope you have a plan for alternate care and in a program that better suits your needs. Sometimes, it takes a little bending from BOTH parties to come to an agreement so I hope this experience at least opens up the lines of communication on a deeper and clearer level between you and your next provider.

      Please update us as to what your plan of action will be as far as paying for the final 4 weeks of care or if you and the provider have somehow come to a mutual agreement, which I hope for everyone's sake is somehow possible.

      I am curious though....was this your first child care experience?
      Is the provider fairly new or one who has been in business for a while?
      Was it large group or a small group?
      Did the provider ever transport for other purposes such as field trips?
      Did she bring other daycare children with her to he son's baseball game that day or just yours?

      I don't mean to ask 100 questions, but I like to know the background of things to give myself a deeper and clearer picture.

      Anyways, I really do hope you can learn from this and I hope you find alternate care that is better suited for you and your son. Good luck!
      this was my second licensed daycare experience..the last one he was at i had no problems with except for the price..i was just not able to keep up with it anymore..i gave her two weeks notice and paid for that without hesitation. she has been in business for years so she is experienced but as she was threatening me about court and garnishing wages she did say "this isn't my first time at the rodeo with a fussy parent" which leads me to believe she's obviously had other issues with parents in the past. it was a large group daycare with a cap of 14 kids. she did not ever do field trips and told me she doesn't at the time of our first meeting. i am not sure if she took other kids to the game with her along with my son, but at the time i picked him up he was the only child there with her.

      Comment

      • kelliott
        Daycare.com Member
        • Apr 2013
        • 77

        ultimately, i think she was wrong<--that is MY opinion. i did not appreciate her taking my son off the premises without my consent. in conclusion, she is sending me to collections because i refuse to pay her for the 4 weeks of care(owed whether my son would be attending those weeks or not)

        Comment

        • daycare
          Advanced Daycare.com *********
          • Feb 2011
          • 16259

          Originally posted by kelliott
          ultimately, i think she was wrong<--that is MY opinion. i did not appreciate her taking my son off the premises without my consent. in conclusion, she is sending me to collections because i refuse to pay her for the 4 weeks of care(owed whether my son would be attending those weeks or not)
          I honestly don't think she is in the right to come after you for the payment....But I think you were both wrong...jut my opinion.

          You both could have handled it better. Despite that fact you can't go back and change time, I think it would be a really good idea for you to find someone who could help you as a back up form now on.

          Don't get me wrong, I think the provider was way in the wrong for doing this. I would have never started a contrat with you in the first place, but with that being said, if I were in this providers shoes I would have stayed or had my daughter stay until you showed up and then told you that either:

          a> we have to cut ties, this is not working out
          b> I need you to have back up to pick up on days that you can't make it for my sons games.

          YOu could have:
          called her in the day time and told her I cannot get off work early and that you would need her to wait this time at the house.
          or you could have called someone you trust to go and get your son so that this situation did not occur.

          Comment

          • kelliott
            Daycare.com Member
            • Apr 2013
            • 77

            Originally posted by daycare
            I honestly don't think she is in the right to come after you for the payment....But I think you were both wrong...jut my opinion.

            You both could have handled it better. Despite that fact you can't go back and change time, I think it would be a really good idea for you to find someone who could help you as a back up form now on.

            Don't get me wrong, I think the provider was way in the wrong for doing this. I would have never started a contrat with you in the first place, but with that being said, if I were in this providers shoes I would have stayed or had my daughter stay until you showed up and then told you that either:

            a> we have to cut ties, this is not working out
            b> I need you to have back up to pick up on days that you can't make it for my sons games.

            YOu could have:
            called her in the day time and told her I cannot get off work early and that you would need her to wait this time at the house.
            or you could have called someone you trust to go and get your son so that this situation did not occur.
            i did text her and let her know i was not able to leave work early.. that is when she replied with "he needs to be picked up by 4. if he is not picked up i will be taking him with us even though you did not approve it and you can pick him up at the varsity baseball field"

            i understand i should have backup.. but i don't. i don't have much of a social life because being a mom, student, and employee has taken up pretty much all of my time. therefore, i have 2 friends that i actualy talk to pretty much everyday and they both work just as i do everyday so i cannot use them as backup..and as i said i do not have family members near me except for my mom who works 7:30am-7:30 pm(if not later) everyday, so she too is not able to help much.. i will check into an actual daycare center for drop-ins from here on..

            Comment

            • daycare
              Advanced Daycare.com *********
              • Feb 2011
              • 16259

              Originally posted by kelliott
              i did text her and let her know i was not able to leave work early.. that is when she replied with "he needs to be picked up by 4. if he is not picked up i will be taking him with us even though you did not approve it and you can pick him up at the varsity baseball field"

              i understand i should have backup.. but i don't. i don't have much of a social life because being a mom, student, and employee has taken up pretty much all of my time. therefore, i have 2 friends that i actualy talk to pretty much everyday and they both work just as i do everyday so i cannot use them as backup..and as i said i do not have family members near me except for my mom who works 7:30am-7:30 pm(if not later) everyday, so she too is not able to help much.. i will check into an actual daycare center for drop-ins from here on..
              ugh, I see.... what did you say to her when she told you that if you are not here that she was going to transport him?

              i understand where you are coming from when it comes to not having back up, but can I ask you this..
              lets say you got into a car accident on your way to work or on your way home and you could not get to your child on time or even worse you ended up in the hospital? Who is going to pick up your child.

              I was a single mother a long time and I always learned to plan for the worst, but always expect the best. My closest family member and father of my children was over 5000 miles away in a different county. I made really good friends with my neighbor who was my back up and she even had to pick up my son from school one day when he was sick and the school could not get in touch with me.

              You really need to look at things all the way around for both you and your child. Maybe you can ask one of your good friends parents or find someone who could help be a back up.

              Comment

              • Unregistered

                I would love to know if the daughter remained back at the daycare with some of the children. I would be curious to know if she choose to take a child that she did not have permission to transport, over a child she did have permission to transport. Just curious.

                Comment

                • Cradle2crayons
                  Daycare.com Member
                  • Apr 2013
                  • 3642

                  AND UNRELATED TO THIS POST I THOUGHT I WOULD MAKE IT CLEAR: i DID technically sign the permission slip for transport right below the box i checked stating i was NOT okay with her transporting him off the premises.. it's not like i just ignored it.. she knew i had seen it because i signed it..and she also saw and noted i did not allow it[/QUOTE]

                  This is the first time I've seen this info... And it's totally related to this post... You signed giving permission and then wrote in handwriting you didn't allow it. That right there will make the legal process difficult. I do think by what you've said that the provider knew you didn't want her to transport, but I also coach a softball team and sometimes they do just throw games on us without any notice at all... I believe everyone made mistakes in this and you already contacted licensing. So, it's starting to really seem to me that you are on some war path here that may not have a good ending for anyone involved, including you.

                  Good luck with this though, I'm glad your child is safe. I also would NEVER agree to take so someone who wouldn't allow me to take their child off property.

                  I may have missed it, but why exactly didn't you want her to take your child off her premises ????

                  Comment

                  • MyAngels
                    Member
                    • Aug 2010
                    • 4217

                    Originally posted by kelliott
                    ultimately, i think she was wrong<--that is MY opinion. i did not appreciate her taking my son off the premises without my consent. in conclusion, she is sending me to collections because i refuse to pay her for the 4 weeks of care(owed whether my son would be attending those weeks or not)
                    If I were you I'd try very hard to work something out with her as far as payment goes. Maybe a compromise on the amount, or a payment plan.

                    Without reading the actual contract I obviously cannot tell for sure, but it sounds like she has a perfectly enforceable contract and the transportation without permission doesn't void it.

                    If she takes you to court and wins this could end up costing you hundreds of dollars in fees, costs and perhaps even attorneys fees, plus interest until it's paid. If she gets a judgment it will be on your credit, whether it's paid or not for a minimum of 7 years. She could keep you from buying a house or getting a loan when you need it. She could garnish you wages and/or bank account.

                    Either have an attorney take a look at the contract to be sure you can't be held liable or try to work it out with her.

                    That's my advice, and it's good advice. Take it as you will.

                    Comment

                    • DaisyMamma
                      Advanced Daycare.com Member
                      • May 2011
                      • 2241

                      Originally posted by daycare
                      I am in CA and the state does not get involved with transportation type stuff./ From what I understand, they do not even check to make sure that we have the right amount of auto insurance to transport children.

                      they (lic) cannot tell us how to type up or contracts, but they do want for us to have a plan of operation which includes a transportation arrangements.


                      I think you were both in the wrong for doing business together. If she knew she was going to be going to games, then she should have not taken your child when she knew that you were not going to allow for her to transport him. In my eyes that was wrong on her part. But then also wrong on your part for having him in a place that you knew this was going to happen......

                      I think you two should come to a mutual understanding and try to work it out.

                      Can I ask why you don't want your son to be transported?
                      Pretty much.
                      Both of you made a bad decision trying to work together.
                      She should have given you way more notice with a complete schedule, that is true.
                      From the posts it sounds like she was looking to get you to leave.
                      I also have a funny feeling that when you texted her to say you couldnt come early she probably replied letting you know he would be brought to the game.

                      Originally posted by Crystal
                      I really think this is unfair to the parent. She agreed to work with the provider on this, but the provider did not give her enough notice. Honestly, the provider is expecting WAY to much IMO.....an occasional early pick up, sure, but a couple of times each week....NO.
                      Actually the provider can do whatever she wants. Its her business. Whether or not she gets clients is another story. ::

                      Comment

                      • nanglgrl
                        Daycare.com Member
                        • Jul 2012
                        • 1700

                        Originally posted by kelliott
                        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!
                        You signed a contract saying that you would pick up your child early on days her son had baseball games. You didn't want your child to be transported so your provider depended on you to stick to your side of the bargain and pick up your child early on those days. It sounds like she never said how much notice she would give you, my children have played baseball and I was notified about a game or a change at the last minute on several occasions. I tell my parents I will notify them I have to close early or close as soon as I know. There have been times in the past I've had to text parent's at 5 am the day before because I woke up and felt deathly ill. It's your responsibility to have a back up plan.

                        Originally posted by 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
                        So she text you at 8 pm. You didn't text back I assume? Then you dropped your child off and nothing was said about this issue. You went to work and asked your boss about getting off early and were told he/she couldn't let you off work until 4:30? Then what? Please fill in all of the obvious missing pieces.

                        Originally posted by kelliott
                        she texted me and said that i did not approve transportation therefore i would need to pick him up early.. and it was the DAY OF the game in which case i could not just tell my boss i wanted to leave
                        When she text back and said you would need to pick him up early because you didn't want her to transport how did you respond?

                        Originally posted by kelliott
                        everything was not great.. my son like her, yes.. but i wasn't %100 happy with her at any point in time.. the fees were ridiculous and it just seemed as if mine, or any of the kids for that matter, were a burden to her on any given day. the day i checked out her daycare(because i know how daycare centers are with sick kids) i told her that pretty much ever since my son was born he has had a runny nose which his physician said was allergies and nothing to be concerned about..she replied to that statement with "as long as it's not green it's okay. green means they have an infection"... about 3 weeks ago she sent me a message stating "contagious or not, if your child has allergies and you don't want them on medication then they need to stay home...ash and i have spend the last week cleaning noses and everything that snot can be smeared on. call your pediatrician and they can tell you what would be best to take"...... if i would have taken him out then(my physician-who i'm sure knows more about toddler health issures than she does, said that he does not need medication) would i still be legally binded to the contract since she technically was the one who told me not to bring him?
                        Are you just trying to find a way to get out of the contract here?

                        Originally posted by kelliott
                        #1. i had texted her FIRST that day stating that my boss said i could not leave earlier than 4:30..4:30 is the time the baseball game started, she could have missed the first 10 minutes..
                        So she sent you the message about the game at 8 pm. You must not have responded to the text or addressed the issue at drop off. This probably lead the provider to think you were either going to pick up early or she could transport so she didn't address it with you at drop off either. Then you text her that day, after dropping off your child and said you wouldn't be able to leave until 4:30? It sounds to me that you intentionally did not respond that night or that morning at drop off so your provider would assume you were ok with her transporting. Then you dropped off your child and text her later saying you couldn't get off and she couldn't transport.

                        Comment

                        • nanglgrl
                          Daycare.com Member
                          • Jul 2012
                          • 1700

                          Originally posted by kelliott
                          .good thing i don't live in your town or have ever ran across your daycare.. i would be writing reviews glaore on ur awful attitude and childish comments.. stay off of this post!.. i am asking for opinions..and your's is below any and ALL others...
                          This statement right here makes me positive that there is so much more to this story.

                          Comment

                          • nanglgrl
                            Daycare.com Member
                            • Jul 2012
                            • 1700

                            Originally posted by kelliott
                            she has been in business for years so she is experienced but as she was threatening me about court and garnishing wages she did say "this isn't my first time at the rodeo with a fussy parent" which leads me to believe she's obviously had other issues with parents in the past.
                            Most of us have had issues with parents in the past. Some parents think we are their employees. Some parents think they deserve special treatment. Some parents intentionally do things to us that effect our lives in a negative way. Thankfully most parents aren't that way.

                            Comment

                            • nanglgrl
                              Daycare.com Member
                              • Jul 2012
                              • 1700

                              Originally posted by Unregistered
                              I would love to know if the daughter remained back at the daycare with some of the children. I would be curious to know if she choose to take a child that she did not have permission to transport, over a child she did have permission to transport. Just curious.
                              To the OP. How old was the daughter? Do you know is she was an assistant or if she was a co-provider? The difference would be that she could not leave your child alone with her assistant (at least in my state). Was her daughter's certificate of registration displayed?

                              Comment

                              • nanglgrl
                                Daycare.com Member
                                • Jul 2012
                                • 1700

                                Originally posted by kelliott
                                i did text her and let her know i was not able to leave work early.. that is when she replied with "he needs to be picked up by 4. if he is not picked up i will be taking him with us even though you did not approve it and you can pick him up at the varsity baseball field"
                                Like I said before, it sounds like you dropped your child off and purposely did not address the issue leading her to believe you would be picking your child up early. Then you got to work, text her and said you could not leave work early. I believe it when you say she said "he needs to be picked up by 4. If he is not picked up I will be taking him with us" but every word you say happened after that is just not the path that normal human conversation follows. Did she actually say "even though you did not approve it and you can pick him up at the varsity baseball field"? This isn't how people talk.
                                Let's say she did say all of that. Most parents would have then left work and picked their child up if they were so very adamant that their provider not transport their child but what did you do? You went on the rest of your day knowing that if you didn't arrive in time your child would be transported. It doesn't make sense.
                                You said her son was in high school. Was he old enough to drive? Did he have his own car or did he depend on his mom to drive him? Having to be there at 4:30 makes me think she had to drive him and he had to be there early enough to warm up. Of course I could be wrong about this but it's obvious there is more to this story.
                                If I was your provider I don't know what I would have done. I would like to think that I would have stayed home and handed you an instant termination notice when you picked up.
                                What would yo have done if the provider would have called in sick that day? I had to inform my parents I was closing once 3 hours before they were supposed to arrive. What if she had become ill during the day or had some other life event and needed you to pick up early? It think it was possible for you to pick up but you just didn't think the providers reason was important enough so you decided to test her and you didn't get the result you wanted.
                                Did you just want a way out of the contract? Earlier you said that you didn't like her fees. I found that interesting. Fees usually means money on top of weekly tuition that is usually charged because the client breaks a policy. Why were you being charged fees?
                                So many questions, I really wish the provider was on here.

                                Comment

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