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  #1  
Old 06-02-2016, 12:20 PM
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Angry Provider Being Shady

When I was in my third trimester of pregnancy with my daughter (first kid), I locked down an infant slot at a daycare center. The provider took a $300 deposit from me and said that deposit would cover the last 2 weeks of care for my daughter. (Meaning the 2 weeks after I gave my notice to leave.) Made sense to me. I never received any written handbook or written policies from the daycare center.

Right before my daughter started at the center at 6 weeks old, a spot became available at a home daycare. This home daycare is in an ideal location, I love the provider and the environment, and a good friend's daughter also attends there. Perfect. I gave my deposit for the home daycare slot. I got a handbook, and the provider sat and went over it with me when I visited her home.

As soon as I knew my daughter would be leaving, I notified the daycare center. (More than 2 weeks notice.) At that time, the provider told me I could not use my deposit for my daughter's last 2 weeks of care, because my daughter hadn't been enrolled for at least 3 months. Having no written handbook, this caught me off guard.

I have paid this provider $360 (the $300 initial deposit plus $60 for one day of care and one paid holiday). She wants $90 more to cover the other 3 days my daughter attended. She will not take the money out of my deposit. I'm pissed. As soon as she started pulling this shady stuff, I arranged other care for my daughter as much as I could. I'm strongly considering just not going back and not paying her the additional $90. I don't think it is right, because there was no written policy and she has already been paid!

My daughter starts at the wonderful home daycare on the 13th. I definitely learned from my mistakes at the first daycare and will not be repeating them! What would you advise?
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Old 06-02-2016, 12:30 PM
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When I was in my third trimester of pregnancy with my daughter (first kid), I locked down an infant slot at a daycare center. The provider took a $300 deposit from me and said that deposit would cover the last 2 weeks of care for my daughter. (Meaning the 2 weeks after I gave my notice to leave.) Made sense to me. I never received any written handbook or written policies from the daycare center.

Right before my daughter started at the center at 6 weeks old, a spot became available at a home daycare. This home daycare is in an ideal location, I love the provider and the environment, and a good friend's daughter also attends there. Perfect. I gave my deposit for the home daycare slot. I got a handbook, and the provider sat and went over it with me when I visited her home.

As soon as I knew my daughter would be leaving, I notified the daycare center. (More than 2 weeks notice.) At that time, the provider told me I could not use my deposit for my daughter's last 2 weeks of care, because my daughter hadn't been enrolled for at least 3 months. Having no written handbook, this caught me off guard.

I have paid this provider $360 (the $300 initial deposit plus $60 for one day of care and one paid holiday). She wants $90 more to cover the other 3 days my daughter attended. She will not take the money out of my deposit. I'm pissed. As soon as she started pulling this shady stuff, I arranged other care for my daughter as much as I could. I'm strongly considering just not going back and not paying her the additional $90. I don't think it is right, because there was no written policy and she has already been paid!

My daughter starts at the wonderful home daycare on the 13th. I definitely learned from my mistakes at the first daycare and will not be repeating them! What would you advise?

Ask the provider to show you the signed agreement between you two stating the rules.

If she can't thats on her.
As a business owner it is my responsibility to show proof of any agreement I am holding my clients to.

If she cannot prove it, Id leave.
I would not attend another day nor would I pay any additional fees. Id give written notice and state that your paid deposit should be applied to the final two weeks.

Im guessing the provider is simply upset she is losing a client and behaving badly in response...
sorry to say, its fairly common
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Old 06-02-2016, 12:34 PM
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Well I always say refer to your contract. Did you sign anything at all? I never take a dime from a daycare family without everything signed. To me, it is a matter of good business for us both to be on the same page. I agree with BC, if she can't show it to you in writing I wouldn't pay it an d I would go on about my way.
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Old 06-02-2016, 01:28 PM
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No, I have not signed anything with this provider! I feel dumb, and I certainly should have been more proactive about getting things in writing, but I can't go back in time and change it. This is my first child and I just wasn't as organized as I should have been. And obviously, she should know better.

The good news is, my new provider is on the ball and I can't wait for my baby to start with her!
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Old 06-02-2016, 01:42 PM
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Quote:
Originally Posted by Unregistered View Post
When I was in my third trimester of pregnancy with my daughter (first kid), I locked down an infant slot at a daycare center. The provider took a $300 deposit from me and said that deposit would cover the last 2 weeks of care for my daughter. (Meaning the 2 weeks after I gave my notice to leave.) Made sense to me. I never received any written handbook or written policies from the daycare center.

Right before my daughter started at the center at 6 weeks old, a spot became available at a home daycare. This home daycare is in an ideal location, I love the provider and the environment, and a good friend's daughter also attends there. Perfect. I gave my deposit for the home daycare slot. I got a handbook, and the provider sat and went over it with me when I visited her home.


Just to clarify. If you started this week and (monday was a paid holiday) and you gave notice on wednesday that you are moving on, I would expect payment for this week and your two week deposit would cover the next two weeks. You can attend during that time, but if not, you still pay. Hope that makes sense.
As soon as I knew my daughter would be leaving, I notified the daycare center. (More than 2 weeks notice.) At that time, the provider told me I could not use my deposit for my daughter's last 2 weeks of care, because my daughter hadn't been enrolled for at least 3 months. Having no written handbook, this caught me off guard.

I have paid this provider $360 (the $300 initial deposit plus $60 for one day of care and one paid holiday). She wants $90 more to cover the other 3 days my daughter attended. She will not take the money out of my deposit. I'm pissed. As soon as she started pulling this shady stuff, I arranged other care for my daughter as much as I could. I'm strongly considering just not going back and not paying her the additional $90. I don't think it is right, because there was no written policy and she has already been paid!

My daughter starts at the wonderful home daycare on the 13th. I definitely learned from my mistakes at the first daycare and will not be repeating them! What would you advise?
I am a little confused. Did you child attend for a week and you expected the notice to cover that week, plus the next week (two week notice period?)? If you paid your weekly fee and gave notice, then the deposit should cover your next two weeks, as per the agreement. Can you clarify? It sounds like she wants $90 to cover the 3 days your child attended you did not pay for, so I am confused on what the problem is?
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Old 06-02-2016, 01:48 PM
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Originally Posted by mommyneedsadayoff View Post
I am a little confused. Did you child attend for a week and you expected the notice to cover that week, plus the next week (two week notice period?)? If you paid your weekly fee and gave notice, then the deposit should cover your next two weeks, as per the agreement. Can you clarify? It sounds like she wants $90 to cover the 3 days your child attended you did not pay for, so I am confused on what the problem is?

That could be also. I guess we need more info.
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Old 06-02-2016, 01:49 PM
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Originally Posted by mommyneedsadayoff View Post
I am a little confused. Did you child attend for a week and you expected the notice to cover that week, plus the next week (two week notice period?)? If you paid your weekly fee and gave notice, then the deposit should cover your next two weeks, as per the agreement. Can you clarify? It sounds like she wants $90 to cover the 3 days your child attended you did not pay for, so I am confused on what the problem is?
The way I understood it was that OP gave more than two week's notice, but the Provider refuses to use the deposit as the OP hasn't been enrolled for more than 3 months.
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Old 06-02-2016, 01:50 PM
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That could be also. I guess we need more info.
I guess that is what I am wondering. My notice period covered full weeks of care. If you end the agreement on a wednesday, you have already paid that weekly fee and your two week notice covers the next two weeks, not the next two days plus 8 more days of care (a total of 10 work days).
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Old 06-02-2016, 01:55 PM
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The way I understood it was that OP gave more than two week's notice, but the Provider refuses to use the deposit as the OP hasn't been enrolled for more than 3 months.
That is what I don't get. She said she paid $360, $300 for deposit, 2 days worth of care at $60. She said the provider wants $90 to cover the other 3 days her child attended. To me, it sounds like her kid went 2 days, she gave notice, and expected the notice to cover the rest of the week and the next week and two days into the following week. kwim? With no contract, it is hard to say, but I guess that would be the reason many providers only accept or acknowledge notice on fridays. We usually get paid weekly, so I won't apply my usual weekly fee to the notice. You pay on Monday and if you decide to give notice on Tuesday, your two deposit covers the following two weeks, not the current one.
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Old 06-02-2016, 02:01 PM
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Originally Posted by mommyneedsadayoff View Post
That is what I don't get. She said she paid $360, $300 for deposit, 2 days worth of care at $60. She said the provider wants $90 to cover the other 3 days her child attended. To me, it sounds like her kid went 2 days, she gave notice, and expected the notice to cover the rest of the week and the next week and two days into the following week. kwim? With no contract, it is hard to say, but I guess that would be the reason many providers only accept or acknowledge notice on fridays. We usually get paid weekly, so I won't apply my usual weekly fee to the notice. You pay on Monday and if you decide to give notice on Tuesday, your two deposit covers the following two weeks, not the current one.

Hmm.. I reread it, and the bottom portion does sound like that's what's happening. But then where does 3 months part factor in?
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Old 06-02-2016, 02:02 PM
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Originally Posted by mommyneedsadayoff View Post
That is what I don't get. She said she paid $360, $300 for deposit, 2 days worth of care at $60. She said the provider wants $90 to cover the other 3 days her child attended. To me, it sounds like her kid went 2 days, she gave notice, and expected the notice to cover the rest of the week and the next week and two days into the following week. kwim? With no contract, it is hard to say, but I guess that would be the reason many providers only accept or acknowledge notice on fridays. We usually get paid weekly, so I won't apply my usual weekly fee to the notice. You pay on Monday and if you decide to give notice on Tuesday, your two deposit covers the following two weeks, not the current one.
Yes this is how mine would work also.
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Old 06-02-2016, 02:03 PM
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Hmm.. I reread it, and the bottom portion does sound like that's what's happening. But then where does 3 months part factor in?
That is what I don't get either.
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Old 06-02-2016, 02:05 PM
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Hmm.. I reread it, and the bottom portion does sound like that's what's happening. But then where does 3 months part factor in?
I don't know. But if it isn't working out for whatever reason I wouldn't want a family hanging out three months!
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Old 06-02-2016, 02:16 PM
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Originally Posted by mommyneedsadayoff View Post
That is what I don't get. She said she paid $360, $300 for deposit, 2 days worth of care at $60. She said the provider wants $90 to cover the other 3 days her child attended. To me, it sounds like her kid went 2 days, she gave notice, and expected the notice to cover the rest of the week and the next week and two days into the following week. kwim? With no contract, it is hard to say, but I guess that would be the reason many providers only accept or acknowledge notice on fridays. We usually get paid weekly, so I won't apply my usual weekly fee to the notice. You pay on Monday and if you decide to give notice on Tuesday, your two deposit covers the following two weeks, not the current one.
Here's how I comprehended it....

Parent is aware she DOES owe AN ADDITIONAL amount ($90) for the remainder of that week....(child attended 1 day, 1 day was a holiday so the $90 would be for the remaining 3 days of that week.

Notice of withdrawal/termination was provided MORE than 2 weeks in advance...(I'm assuming Tuesday).

Parent sounds like they weren't intentionally trying to stiff provider out of the remaining week's pay ($90) UNTIL the provider started saying the rules are that the deposit isn't going to cover the last two weeks because the parent wasn't enrolled for 3 months.

I advised parent to ask for verification of the policy and if she didn't get it to just leave and not pay anything additional BECAUSE I strongly feel that any provider that twists her policies or words or actions to suit her and only her without regard for a parent deserves the same in return.

As a business owner it is mainly MY responsibility to outline AND enforce my rules and policies and it's a parents responsibility to follow rules and policies they agreed to do.

Since this provider failed to inform her client of their (and her) responsibilities, I feel the burden of proof lies with the provider and that it was not the parent's responsibility to do anymore than she already did.
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Old 06-02-2016, 02:27 PM
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Here's how I comprehended it....

Parent is aware she DOES owe AN ADDITIONAL amount ($90) for the remainder of that week....(child attended 1 day, 1 day was a holiday so the $90 would be for the remaining 3 days of that week.

Notice of withdrawal/termination was provided MORE than 2 weeks in advance...(I'm assuming Tuesday).

Parent sounds like they weren't intentionally trying to stiff provider out of the remaining week's pay ($90) UNTIL the provider started saying the rules are that the deposit isn't going to cover the last two weeks because the parent wasn't enrolled for 3 months.


This makes sense as well. I suppose we just have to wait for OP's clarification.
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Old 06-02-2016, 02:45 PM
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The way I understood it was that OP gave more than two week's notice, but the Provider refuses to use the deposit as the OP hasn't been enrolled for more than 3 months.
Yes, this.

I paid $300 in Jan or Feb (the daily rate is $30, so that would cover 2 weeks of care, 5 days per week.) My daughter began attending on May 19, at which time I gave notice that her last day would be June 10. The deposit should have covered her last two weeks, but the provider is now telling me it won't because my kid hasn't been enrolled for 3 months.

The actual problem is that none of this is in writing.
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Old 06-02-2016, 02:50 PM
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Also, when I gave notice and she told me that my deposit would not cover the last two weeks of care, I lined up alternate care for my daughter for as many days as I could. So that's also probably confusing.

Basically, nothing was in writing and now provider is wanting to keep my deposit and not apply it towards care even though deposit should have covered ten days of care and child has only been at the center for three days of care and one paid holiday.
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Old 06-02-2016, 02:52 PM
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With nothing in writing, I wouldn't pay her another dime. But, in the future make sure all of this is in a written contract.
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Old 06-02-2016, 03:01 PM
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With nothing in writing, I wouldn't pay her another dime. But, in the future make sure all of this is in a written contract.
Believe me, I've learned my lesson.
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Old 06-02-2016, 03:05 PM
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Believe me, I've learned my lesson.
I had one parent not sign with me because I require a signed contract. I try to tell parents that the contract protects both parties. I need to get paid on time, and my policies need followed. But after you pre pay me for care, you need to make sure I won't just not answer the door when you get here! It goes both ways.
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Old 06-02-2016, 08:45 PM
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Yes, this.

I paid $300 in Jan or Feb (the daily rate is $30, so that would cover 2 weeks of care, 5 days per week.) My daughter began attending on May 19, at which time I gave notice that her last day would be June 10. The deposit should have covered her last two weeks, but the provider is now telling me it won't because my kid hasn't been enrolled for 3 months.

The actual problem is that none of this is in writing.
Did you pay for the 19th to the 27th? Your two week deposit would cover the 30th to the 10th, so any other days also need to be paid.
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Old 06-02-2016, 10:59 PM
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Or was it a type of holding fee? Since OP didn't start right away, I am almost reading this as a form of payment that would hold the spot, which most provider's don't refund.

I would think that would make sense?!? Either way I agree that any other services provided need to be paid for and if there is a delay in that payment maybe that is why the provider isn't giving back the money because services have been rendered.
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Old 06-03-2016, 05:43 AM
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Or was it a type of holding fee? Since OP didn't start right away, I am almost reading this as a form of payment that would hold the spot, which most provider's don't refund.

I would think that would make sense?!? Either way I agree that any other services provided need to be paid for and if there is a delay in that payment maybe that is why the provider isn't giving back the money because services have been rendered.
See that is the problem, things here are not black an white. This is where having everything in writing sure does help.
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Old 06-03-2016, 06:51 AM
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The provider told me that the deposit would pay for the last two weeks of care. When I gave my two weeks' notice, she changed her tune and said that since my daughter hadn't been there for 3 months, the deposit would NOT be applied toward the last two weeks. I have paid for all days of care (plus one paid holiday). My daughter only ended up attending for 3 or 4 days and I have paid this lady $360.

The problem is that she did not put anything in writing, and for my part I wasn't as proactive as I should have been about demanding to get it in writing. I guess this is a good cautionary tale! The written contract protects everybody involved.
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Old 06-03-2016, 08:00 AM
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The provider told me that the deposit would pay for the last two weeks of care. When I gave my two weeks' notice, she changed her tune and said that since my daughter hadn't been there for 3 months, the deposit would NOT be applied toward the last two weeks. I have paid for all days of care (plus one paid holiday). My daughter only ended up attending for 3 or 4 days and I have paid this lady $360.

The problem is that she did not put anything in writing, and for my part I wasn't as proactive as I should have been about demanding to get it in writing. I guess this is a good cautionary tale! The written contract protects everybody involved.
I guess that's what is confusing to me. If the provider said the $300 does not cover the two weeks (which she shouldn't be changing her mind on that if she originally said that it did), why does she only want $90 from you? Shouldn't she want 2 weeks worth of payment? (And I am not saying you should pay that, bc it's not the original agreement, it's just something isn't adding up ) you also said your daughter attended 3 or 4 days (which one?) but you have only paid for 2 days, plus the two week notice period. ($60 is two days worth of care). Do you see what I mean?
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