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Old 07-18-2012, 09:35 PM
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jenny31052 jenny31052 is offline
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Default 2 Weeks Notice, Ask For My Money Or Let It Go..

This family started about 5 months ago, I was not actively looking for additional families at that time because I knew that I was going to going overseas for 8 weeks in the summer; however these people, especially the Dad, almost begged me to take the child, saying that it was ok if I was going on vacation, that they will going to find alternate care in the meantime. They seemed ok, and I ended up calling back, and accepting them...

Man, they turned out to be the worst family... late drop-offs, late pick ups, never followed handbook, the child was always filty... In two occasions I agreed to let them pay a week late because they didn't have the money (however I told them that they couldn't let it happen again).

And then I left for my vacation, and since I knew that I had a chance that someone may not come back to me after my return, 3 weeks ago I sent everyone an email asking who was going to be back in care the day I was re-opening - each one of my families replied promptly confirming their presence, other than them...

Now I'm a little over week away from re-opening, I didn't hear from them, so last night I sent a text message asking if the child was going to come on that Monday.

I get a text back with the usual series of apologies, and "I thought my husband told you, my wife said, I forgot" and so on, ending with saying that he will not be coming back.

Now, it is absolutely ok with me (deep inside I was hoping they will find someone else in the meantime) but now they failed to give me the 2 weeks notice, and since they signed a contract where it says that they have to give 2 weeks of paid notice if they want to terminate care, I feel that I'm entitled to it...especially considering the numerous occasions where I did accomodate them without fussing too much..

What would you do? I have the feeling that I won't be getting my money, but at the same time I don't want them to think that its always ok to take advantage of people, and I have all the intentions of trying to enforce the contract they signed...

Or should I just let it go?


Also, how should I word a letter to them, in the eventuality I decide to pursue what is due?

Thanks!
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Old 07-18-2012, 11:49 PM
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nanglgrl nanglgrl is offline
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Default let it go.

I know most of the other providers wont agree with me but I say let it go. I don't charge a 2 week notice for several reasons:

1. I have them pay on Mondays instead of Fridays so they never leave owing me money.

2. It can be incredibly difficult to collect on a 2 week notice owed if you take the parents to court. They will usually say they didn't feel their child was safe with you or something similar and most judges will say in that case a 2 week notice was not needed because you can't expect a parent to bring their child for 2 weeks to a place that is not safe. Some judges also look at it as asking for money you didn't work for. Of course there are other outcomes and you can cross your fingers that your contract will hold up but is the time worth the money you will lose taking time off of work for court and all of the stress?

3. Even if you do win in court it doesn't mean you will see the money anytime soon, it will just be a judgement on their credit report (but you should make sure it shows up because in some cases it is not automatic).

4. If they leave on good terms like they are moving or child is starting school etc. they usually respect me and give me notice. If they have a problem with me or my daycare I don't want them to give me a 2 week notice and have to deal with them for 2 more weeks, they are usually the parents that drive me nuts and they will be even worse during those last weeks.

I have thought about asking for 2 weeks upfront to pay for the last 2 weeks but I know what would happen. Parents would pay it and the time would come eventually where they gave me a 2 week notice but the money they paid me would be long gone (I don't have enough self control to put it in a separate account) and I would just feel like I wasn't getting paid those last 2 weeks their child was in attendance.
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Old 07-19-2012, 03:02 AM
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DaisyMamma DaisyMamma is offline
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I would respond to the text and remind them kindly about the two weeks notice. Then send them a bill when you get home. But I wouldn't waste anymore time or concern about it. It is likely that you won't see the money, but it's worth a try.

Quote:
Originally Posted by nanglgrl View Post
I have thought about asking for 2 weeks upfront to pay for the last 2 weeks but I know what would happen. Parents would pay it and the time would come eventually where they gave me a 2 week notice but the money they paid me would be long gone (I don't have enough self control to put it in a separate account) and I would just feel like I wasn't getting paid those last 2 weeks their child was in attendance.
I always get the 2 weeks upfront as a nonrefundable deposit. It does get spent right away, yes, but I use it for something the daycare "needs" and then at least I know I did get paid. It does feel like I'm not getting paid for the two weeks at the end. But, having the parents pay that two weeks lets me know they will actually show up. Before I required the deposit I would have people say they were definitely coming and then never show up.
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Old 07-19-2012, 04:58 AM
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Crazy8 Crazy8 is offline
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Quote:
Originally Posted by DaisyMamma View Post
I would respond to the text and remind them kindly about the two weeks notice. Then send them a bill when you get home. But I wouldn't waste anymore time or concern about it. It is likely that you won't see the money, but it's worth a try.



I always get the 2 weeks upfront as a nonrefundable deposit. It does get spent right away, yes, but I use it for something the daycare "needs" and then at least I know I did get paid. It does feel like I'm not getting paid for the two weeks at the end. But, having the parents pay that two weeks lets me know they will actually show up. Before I required the deposit I would have people say they were definitely coming and then never show up.
All of this. I'm not interested in wasting my time on collections, court, etc. but I would send them a very formal notice with a copy of the signed contract just to see if they will send it. I also always collect a deposit up front. I still hate when people leave without notice but at least I am not really out the money.
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Old 07-19-2012, 08:38 AM
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Blackcat31 Blackcat31 is offline
 
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Quote:
Originally Posted by nanglgrl View Post
2. It can be incredibly difficult to collect on a 2 week notice owed if you take the parents to court. They will usually say they didn't feel their child was safe with you or something similar and most judges will say in that case a 2 week notice was not needed because you can't expect a parent to bring their child for 2 weeks to a place that is not safe. Some judges also look at it as asking for money you didn't work for. Of course there are other outcomes and you can cross your fingers that your contract will hold up but is the time worth the money you will lose taking time off of work for court and all of the stress?

Our concilliation court is very efficient and rarely do daycare providers lose if they have a signed contract and followed it. It's too bad your court system isn't so simple.

3. Even if you do win in court it doesn't mean you will see the money anytime soon, it will just be a judgement on their credit report (but you should make sure it shows up because in some cases it is not automatic).

Here the family has 30 days to pay or make acceptable payment arrangements to pay it. If they don't pay or don't stick to the arrangement, their paychecks are automatically garnished and we (the providers) receive our money rather quickly....and it shows on their credit too.
I answered some in bold above too

I would definitely try to get the money you are owed per your contract.

Tom Copeland has a great example of a letter for collections on his blog http://www.tomcopelandblog.com/contracts-policies/
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Old 07-19-2012, 10:33 AM
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Truly Scrumptious Truly Scrumptious is offline
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Originally Posted by Blackcat31 View Post
I answered some in bold above too

I would definitely try to get the money you are owed per your contract.

Tom Copeland has a great example of a letter for collections on his blog http://www.tomcopelandblog.com/contracts-policies/

I would send a letter with a copy of their signed contract reminding them that they owe the money and give them a deadline as to when you expect it to be paid or you will turn them over to collections.

I also require that the last 2 weeks of care be paid up front....but several years ago before I started doing that...I would send a letter showing two different totals for the notice...
One was just for the 2 week notice amount and I told them if they paid it by _______date and time, then I would wave the late charges....but if I didn't receive it by the due date I had chosen, then I would turn them over to collections for _______________amount. (which was the notice plus late charges).

Most of the time they would pay me....the last day I had allowed mind you...but that's all I cared about anyway.
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