What To Do? - Shut Down Without A Prior Notice

[amberrose3dg]

That's what I got from it too. And if that's the case, I can't believe someone actually thinks it works that way. In my case, three months worth of compensation would be close to $3,000! If a parent paid me that amount of money, they would be entitled to that amount of daycare availability, 3 months. But if I were to pay the parents, what do I get for it? If their child goes on to earn a huge salary, are they going to send me a percentage of that? If I recommend someone to provide care and they excel there, do I get a finder's fee? After all, I had a minuscule part in their upbringing so apparently I'm responsible for their overall well-being and future.:confused: or at least finacially.

EXACTLY!
I cannot believe people like this actually exist. Sorry you feel inconvenienced but it happens. Let's say your provider passed away. Are you going to sue her family and estate because she died and you no longer have access to care?
I seriously doubt you have a case. Find a new daycare and move on with your life.

[LittleScholars]

We might need to end up taking the case to the court, but we also would like to avoid it since it is money, time and energy draining.

Additionally, you should not go to court to avoid being a nightmare of a human being.

I think in-home care is amazing, but there is always an eliminate of unpredictability when you are relying on one provider. I get that you wanted more notice; I'm sure she wanted good health. My advice is move on and enroll your child in a center.

[nannyde]

That's a very poorly written notice policy. I've never heard of a 90 day notice for parents much less a 90 day notice for both parties.

I think you have a case. I don't know for sure because I can't see the rest of her policies.

I don't have a notice policy that I must abide by because so many things could happen that would cause me to term a parent or something unforseen like a fire, illness, family illness, closure by dhs, death of a child in my care etc.

[boy_mom]

That's a very poorly written notice policy. I've never heard of a 90 day notice for parents much less a 90 day notice for both parties.

I think you have a case. I don't know for sure because I can't see the rest of her policies.

I don't have a notice policy that I must abide by because so many things could happen that would cause me to term a parent or something unforseen like a fire, illness, family illness, closure by dhs, death of a child in my care etc.

I had the same thought, this is either a VERY bad policy or the family is reading the policy wrong. If they are in fact reading it correctly, you have to wonder what the provider was thinking:confused:

Even is this was the policy, I doubt I would act on it though. If the woman is sick I would try to have a little understanding and move on!

[Unregistered]

Sweety, really?

Sweety, imagine how you would feel if you or your husband became I'll and had to terminate chilcare, and imagine you were the one who was asked to pay 3 months of child care. You reap what you sew, be careful.

We get back from the universe what we put in, and do you really want to add to your stress a court case? Have you ever had to deal with that? It's absolute he'll. Save yourself a headache. After all, your not losing anything in this except maybe going through a transition.

Life is change, and it's healthier to see change as a blessing, and natural part of life, that opens new doors, rather than trying to point fingers and blame.

Good luck.

[Blackcat31]

I read it no differently than the rest of us state our policies for withdrawal.
I agree to give my parents two weeks notice if I am going to terminate their services. (except for cases of immediate termination)
If parents do not provide a two week notice of withdrawal they are still expected to pay for the two weeks.
I think the parent in this case is simply misunderstanding the way the provider has it written.

Honestly I highly doubt the provider meant she would pay the parents anything.... that makes zero sense and isn’t even logical.

[Charrison1020]

To the original poster

I don't know what kind of responses you were expecting, but the way your post is written, makes you sound like a very cold hearted person. I don't know what that provider's exact policies are, but I guarantee she didn't mean it to be she'd be paying you! I get being refunded for any services you paid for and did not receive. Most of us providers would feel absolutely horrible for having to close with no notice. But we'd still offer to reimburse you for services paid for but not received. Perhaps the responses would have gone more in your favor, if you posted this is on the parent page instead of the provider page. But hell, even non providers see this as you being incredibly heartless.

[amberrose3dg]

I read it no differently than the rest of us state our policies for withdrawal.
I agree to give my parents two weeks notice if I am going to terminate their services. (except for cases of immediate termination)
If parents do not provide a two week notice of withdrawal they are still expected to pay for the two weeks.
I think the parent in this case is simply misunderstanding the way the provider has it written.

Honestly I highly doubt the provider meant she would pay the parents anything.... that makes zero sense and isn’t even logical.

I doubt it is written EXACTLY as they typed it here. If so it is poorly written but I do not see it that the daycare would pay them for 90 days.

[InTheNest]

Let's talk about that stipulation. Most providers have a minimum notification requirement when parents terminate care. The reason for this is because we want to discourage parents from using us and then leaving us high and dry. As a provider, having a few weeks notice gives us a heads up so that we may have time to fill the spot and in turn, lose only a little, if any, income. There are usually lots of providers but not enough children to go around. Childcare providers start using that time to advertise, send out feelers for childcare need, and contact their local Child Care Reference and Referral to let them know to send potential parents their way. Most states have very strict ratio regulations for adult:children, so giving the notification allows us to keep the ratios appropriate. I have a feeling that her stray from the usual 2 weeks notice to 90 days notice is to deter people from leaving without informing her. Anytime a child leaves, it's not only an emotional hole for us, but a financial one, as well.

I do not believe that this 90 day policy was meant to be a 2 way street.

Read more into the policies, but even more importantly, the contract. If she says anywhere that she reserves to right to terminate for any reason without notice, you don't have a case.

If you have paid ahead, you may claim the monies for that. Going after more than that is most likely a waste of your time and money.

[Unregistered]

Provider here. I think if asked, she should honor her contract. Why would she write such a contract? Also, if she was posting and OP was sick, you wolves would be telling her to take him to court. Yet another example of hypocrisy from this forum.

[Leigh]

Hello all,

My son started about a year ago at a home-based daycare where our best friend strongly recommended. We liked it until the place suddenly got listed as inactive a month ago without a prior notice. (due to her worsened health conditions) Since the owner did not leave any recommendation for subsequent childcare after her shut down, we were left in a chaos juggling our work, daily life, and starting from scratch to find an alternative care for my son. We are completely confused, stressed and exhausted. As much as we valued her for what she's done for a year, we are feeling like we cannot close this without something being done other than just an apology.

While going through the original agreement between us and the owner, we found a stipulation that says "Both parties agree to give 90-day written notice if childcare is to be terminated. Notice of less than 90 days will result in a payment of tuition for 90 days". I understood that this is applicable for both ends - the owner and ourselves.


No, you didn't. You're looking to make someone pay for inconveniencing you. NO ONE would expect this from a business they contracted with. If you did expect 90 days' worth of tuition, her share would come out to ZERO, because that is that she normally would have paid you over that period. A judge would laugh you out of court, I guarantee.

The purpose of that, as you darn well know, was for you to give notice to her, so that she had time to replace your child, should you leave.

My advice to you: Be a decent human being and stop feeling entitled. Move on.

Question for you all here - is there any recommendation as to what to do/how to deal with this situation other than just taking the agreement up to her and ask for the financial compensation? We are talking to the local government agency to get their input at the same time. We might need to end up taking the case to the court, but we also would like to avoid it since it is money, time and energy draining.

Thanks for your great input in advance!

My response is in blue above.