"They're paid out until next Friday, I think I'll wait until this Friday to talk to her when she picks him up? And tell her that the unpredictable schedule and late nights are affecting my kid's schedule, which is true, and if she probes anymore I can tell her as politely as possible that his behavior is costing me money and negatively affecting the kids and me. I feel like because I never laid any ground rules in the first place, and they're difficult anyway, that it would be wasted effort on my part. Does that sound reasonable?"

NO! This will give her grounds to get upset with you and to accuse you further. When you terminate someone you need to simply say, "I'm sorry but this is not working out. DCB is not adjusting well and I think he would do better somewhere else." Don't say anything else at all. If she asks for further reasons don't say anything, your not obliged to tell her anything else. If she wants her last week back...I'd just give it to her. Unfortunately since you don't have a contract to protect you (mine requires last two weeks up front with no refunds and I can term immediately with no refunds in cases like these) she could try to harass you over the money or even attempt small claims court if she is crazy enough.

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