I termed a family 2 weeks ago and in my contract it states that they must pay the last 2 weeks of care whether or not they attend. Well they left me the same day I termed them.
I also stated in a letter the day of termination about payment whether they attend or not.
Needless to say upon picking up that day they did not have payment but said it would be in the mail. It has not come, no surprise. Rookie mistake on my end.. I should've collected it upon starting and will from now on.
Here's the thing... The parents ordered Girl Scout cookies from my daughter.. I mentioned I'd let them know when they came in but now I figure I should just keep them, is that wrong? I'm not a confrontational person but they departed in a huff! I was very polite and professional. But I figure if they look for the cookies I will simply say when I get the final 2 weeks payment you can have the cookies.. I doubt they will care lol

Also I know writing a letter to get payment will not get me anywhere... I'm so mad at myself for not covering the 2 weeks payment up front.

If they do want the cookies but refuse to pay what would you do? (They did pay for the cookies tho)
Thanks!

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Probably not what you want to hear, but I wouldn't mix the cookie situation with the child care issue. kwim?

I would call them and tell them the cookies have arrived and are ready for pick up. I would also state that as long as you have them on the phone, you are wondering about final payment for the last two weeks.

Let them know that you are giving them until next Friday (? or when ever) to pay it in full BEFORE you add late fees and start proceedings for small claims courts or collection action.

Unless, you parted on some really bad terms, I would think that simply addressing the issue might "force" them to take care of it and also see that you are serious about pressing the issue further if necessary (through cout or collections)

The cookie thing, well I think that people shouldn't make everything about everything else and just handle each issue separately.

If they don't show up to pick up the cookies then keep them, but I would at least notify them and put the ball in their court. If nothing happens then use the legal court.

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I'm with BC on this one.

I would call and tell them, "Cookies are in, when would you like to come by and pick them up?"

And, while you are at it, ask if they will be bringing final payment to you when they pick them up since you didn't receive it in the mail. Tell them they have until (date) to pay in full or you will start adding your late fee each week they continue to be late.

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Thanks Blackcat.. I know I shouldn't mix those things together.
Taking them to small claims court tho will be an empty threat tho.. But perhaps will get them to step up.
I thought we departed on good terms.. No harsh words or anything.. But it was very abrupt.. I got a text from Mom 15 mins before p/u that infant would not be back.
I termed because I could no longer the crying/screaming, constantly needed to be held. I could not concentrate on the other children.
I actually gave parents 1 mo notice so that they'd have plenty of time to get new care. I did discuss with tem prior to terming issues I was having and altho they were receptive I was already burned out and honestly felt there would be no change at home ie: less holding at home, consistency/routine.

Anyways, thanks for the advice.. I will reach out to them and see what happens.
PS- if I mention court.. What if they turn around and say go ahead and take us?? Really don't want to have to go thru that...

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Maybe just say "collections" then and that way you can send the account to collections or atleast maybe inquire with someone who handles collecting unpaid accounts.

Sometimes just mentioning further action helps people get the jump start they need to take care of it...kwim?

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Great, thanks!

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I concur. Just mention that all accounts are turned over to collections after 30 days. The cookie issue has nothing to do with payment and it would be unprofessional to mix the two. There are some collection agencies that only take a percentage upon collection.

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I would call them and let them know their cookies are in and that you have not recieved the check in the mail. When would be a good time to drop that off to me or I can come and bring your cookies and collect that after work.

I wouldn't hold back on something someone else paid for. It would make you as bad as them. I would want to, but I would not do that- just not right

Two wrongs don't make a right~

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I am curious what your contract says about you terminating care and about payment if YOU terminate.

I know this wont be what you want to hear but I do not think you should require 2 weeks payment if you terminate. You essentially told them that you cant handle their child and dont want them there anymore but, oh by the way, I still want two more weeks of income whether you come or not. YOU choose to term. I understand the parents taking their kid and not coming back. Who would when the provider basically said they dont want their kid there anymore? And why would a parent willingly pay for two weeks of service they arent going to use to someone that ended the business relationship?

I know this isnt exactly your question.

but I think you should rethink the payment terms when you terminate care and let this one go.

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reality is you might have to go that route. Before it would go to court, it would go through mediation and that would be a chance for them to not take it to expense. If you win they pay all court cost in small claims. I do know that much. It sounds like it is in your favor- I wouldn't mention court unless it got heated, I would give them the benefit of the doubt first.

Good luck-

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I know this wont be what you want to hear but I do not think you should require 2 weeks payment if you terminate. You essentially told them that you cant handle their child and dont want them there anymore but, oh by the way, I still want two more weeks of income whether you come or not. YOU choose to term. I understand the parents taking their kid and not coming back. Who would when the provider basically said they dont want their kid there anymore? And why would a parent willingly pay for two weeks of service they arent going to use to someone that ended the business relationship?

I disagree with this, though I see where you're coming from. As a provider, I think you gave adequate notice so it wasn't new, and you tried to make it work. Stick with the contract terms- if you did it for so long after you talked with the parents about your concerns, the parents obviously felt comfortable leaving the child from that point up until the day of termination. Tell them you have the cookies and BTW you never received payment. You will give them 2 weeks to pay before late fees start to accrue and you send it to collections. Also send a certified letter so you have documentation! Good luck

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I see your point.. I appreciate your advice too!
So my contract says this:
You are required to give 2 weeks written notice in person when you terminate child care. The 2 weeks will be paid in full, regardless of whether or not your child is in attendance. Likewise I will give 2 weeks written notice of termination for which full tuition is due whether or not your child is in attendance.

Of course it goes on to say reasons why termination may occur etc.

I know in order to prevent this in the future I will have to collect 2 weeks up front.
THEY did sign my contract and this was gone over during the interview..

I realize it seems unfair to collect payment since I Termed them but they could have stayed the full amount of time before leaving.. I'm sure they were hurt/mad.

Like you said perhaps move on.. I'll give it a shot asking for payment when I let them know the cookies are in.


Thanks to everyone for the support!

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Why are you hesitant to take them to small claims court if it becomes necessary? It's really pretty easy to do and you will almost certainly win.

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I guess because there would be a lot involved.. Or at least I thought there'd be.. Never been to court.. But assume I'd need a lawyer and that'd cost $$$..

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I do agree that your contract is very specific and they did sign and agree to it before enrolling.

In this case, yes I would suggest you continue pursuing payment.

but my own opinion still stands that I do not think that parents should have to pay for time after their provider has termed them.

and I dont think that presenting an issue to the parent is the same thing as terming over the issue. obviously the crying and such was nothing new to the parent because the provider had discussed it with them before but that doesnt then mean that a parent is supposed to know that it is serious enough that the provider is going to term......unless the provider specifically said "this issue is a large enough concern that if we cannot resolve this, I will have to let your family go".

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You said they knew a month in advance that you would be terming before you provided the papers, correct? It appears that you gave them enough notice and if they decide they don't want to stay for the amount of time you are still willing to give care, by the contract they are responsible. From a mother's standpoint, though, I would not want to leave my infant anywhere they were not capable of receiving optimal care or were otherwise not wanted and would leave ASAP. What she should have done, however, was let you know when her final date would be so that you would have your two weeks notice to fill the spot and there would be no frustration about paying for care that was not provided. Good luck!

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I termed 2 weeks ago but told them in the term letter I would give them a full month to find new care so the end date in my letter was March 14th.
Thanks!

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Small claims court is actually supposed to be used for cases that are relatively small dollar amounts and not complicated. Most jurisdictions actually encourage claimants not to use an attorney. It's easy to file. Typically the only upfront costs are for the filing and service fees, which you would get included in your judgment amount (assuming you win).

I believe all providers should fully enforce their contracts even if it means going to court over it. After all, there's really no sense in having a contract if it won't serve it's purpose

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Thanks! I didn't realize it could be so easy! I appreciate your advice!

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I actually agree with you on this one, I would be relieved that they left more then anything. If I was that stressed out I wouldn't even want their money lol , even though u were willing to stay with the baby I'm sure u didn't want he baby there another day lol

Give them the cookies, it's better to leave on better terms then to start something not even worth it. Maybe they will come back when the child is older or reccomend you to someone else instead of bad mouth you

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