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Daycare Center and Family Home Forum>Parents Breaking Contract
mrs b 01:19 PM 09-28-2011
I am in need of some advice! I watch 2 kids in my home and I am not licensed as this was just temporary that was 4 years ago. Well I was watching one little girl since she was 6 months old ,she just turned 4 and her parents called me two weeks ago Sunday to let me know she would not be back to my house cause I did not go to her birthday party that Saturday before.( I was sick and they were aware of that) So here is where the confusion comes in I had them sign a contract when she first came saying that they would give a 2 week notice. If no 2 week notice they still had to pay for the 2 weeks, well they decided they don't have to pay because I am just a babysitter no a licensed center! So what do i do? Do I have any rights? Also it states that a late fee will be added of $5.00 for everyday they are late until it is paid so how long do you go with the late fee?

Sorry it is so long!
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sharlan 01:31 PM 09-28-2011
Do you have a signed contract? Do you have to be licensed for your state?

If it's an issue that you want to persue, send them a certified letter, not an email, demanding payment and telling them that you plan to take it to small claims court. If they still refuse to pay, take them to small claims court.
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mrs b 01:58 PM 09-28-2011
Originally Posted by sharlan:
Do you have a signed contract? Do you have to be licensed for your state?

If it's an issue that you want to persue, send them a certified letter, not an email, demanding payment and telling them that you plan to take it to small claims court. If they still refuse to pay, take them to small claims court.
I do have a contract and in NC you can have 2 children and not be licensed.
I did send a termination letter by email and by mail and then I sent a copy of the contract (which father demanded a copy of) by certified mail.
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sharlan 02:37 PM 09-28-2011
It sounds like you were operating under the law. Let them take the next step by either paying you or ignoring you. If they don't pay, small claims court.
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mom2many 06:01 PM 09-28-2011
Originally Posted by sharlan:
It sounds like you were operating under the law. Let them take the next step by either paying you or ignoring you. If they don't pay, small claims court.
I totally agree.
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familyschoolcare 06:27 PM 09-28-2011
Originally Posted by sharlan:
It sounds like you were operating under the law. Let them take the next step by either paying you or ignoring you. If they don't pay, small claims court.
I third this motion
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mrs b 06:53 PM 09-28-2011
thanks everyone! I have been thinking small claims court is the way to go.
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Jenniferdawn 08:04 PM 09-28-2011
I know this isn't the point of the post, but it sure seems petty that they drop you after so long because you missed a birthday party. Was there something else you think they aren't saying and just using that as an excuse? Ignore the question if I'm being to nosy.
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Unregistered 05:38 AM 09-29-2011
Originally Posted by mrs b:
thanks everyone! I have been thinking small claims court is the way to go.
I am in NC also and I can watch 2 children not related to me without a licenses also. You are within the laws you CAN and SHOULD take them to small claims court but also make sure you werent doing payments under the table and you where claiming money on taxes or it can come back to bite you in the bum.
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mac60 05:55 AM 09-29-2011
I was wondering the same thing.

I am guessing it is nothing but an excuse for them to leave. Maybe they found cheaper care.
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Cat Herder 06:44 AM 09-29-2011
IMHO, You should enforce your policies by going to small claims court and try not to take it personally.

I am sure it has more to do with the new September funding for the new NCPre-K (free to parents) now that "More at Four" is gone.

Also they are pushing the "Star Rated License Tab" really hard when you search your providers name on the State website.

Check out the Parents section. It makes it sound like Parents (and employers, of course) would be making the best choice to drop their kids off and pick them back up at 18.

Ever notice how many Perdues are in politics in the southern states???
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Auntie 06:53 AM 09-29-2011
They are leaving because you didn't attend the birthday party? Sounds like they aren't telling you the truth.
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squareone 06:58 AM 09-29-2011
Originally Posted by mrs b:
I do have a contract and in NC you can have 2 children and not be licensed.
I did send a termination letter by email and by mail and then I sent a copy of the contract (which father demanded a copy of) by certified mail.
What do you mean you sent them a termination letter? Hopefully your letter just acknowledged THEIR wishes to terminate and that they owe for two weeks rather than you saying that you were the one who was terminating. Otherwise, they could turn it around and say that you let THEM go.

I agree though, that you should take it to small claims.
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mrs b 07:10 AM 09-29-2011
Originally Posted by squareone:
What do you mean you sent them a termination letter? Hopefully your letter just acknowledged THEIR wishes to terminate and that they owe for two weeks rather than you saying that you were the one who was terminating. Otherwise, they could turn it around and say that you let THEM go.

I agree though, that you should take it to small claims.
It was a termination letter confirming that they had pulled the child out of daycare and that it was per there request.

One parent said they felt I was pulling away from our friendship!
The only reason I started keeping the child is because they had no one else and had started looking on craigslist for a sitter and I didn't want the child to fall into the wrong hands!
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wdmmom 08:32 AM 09-29-2011
I wouldn't mention another word to them. Just make sure they sign for the certified letter that has their contract enclosed. Give them 2 weeks from the day they signed for it.

If they don't pay you your two weeks notice, file it in small claims court. Friends or not, it's pretty ridiculous that they won't come back because of a birthday party so for you to file small claims court charges against them isn't any more out of the ordinary!
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momma2girls 04:25 PM 09-29-2011
I have had to take 3 parents to sm. claim's court in 9 yrs.
I gave them each an entire month to pay. Each of the families didn't think I would really follow thru and do it!! WOW!!! ONe even yelled at me on the phone, re. the amt. she had to pay, plus garnishing her wages!! Like it was my fault or something!! UGHHH!!!!
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mrs b 05:21 PM 09-29-2011
Originally Posted by momma2girls:
I have had to take 3 parents to sm. claim's court in 9 yrs.
I gave them each an entire month to pay. Each of the families didn't think I would really follow thru and do it!! WOW!!! ONe even yelled at me on the phone, re. the amt. she had to pay, plus garnishing her wages!! Like it was my fault or something!! UGHHH!!!!
How long do you charge the late fee? I was just going to charge for 15 days but I read somewhere else that you could charge 30 days.
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Tags:contract, contract - broken
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