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Parents and Guardians Forum>Daycare Terminated My Child Then Wanted To Charge Me For Not Going Back
aer523235 06:02 PM 01-14-2011
My daughter goes to an in-home daycare, and the woman who runs it has a son her age. My daughter got sick one day when she was at the daycare (vomit and diarrhea - no fever) and I came to pick her up. (Keep in mind my daughter doesn't bring viruses to the daycare ever. If she's sick, I keep her home and take a sick day until she is better.) So, that same day, 2 or 3 hours later 2 other girls had to leave because of a high temp and ended up being sick as well. Her son ended up with a fever, vomiting and diarrhea then had to go to the ER to push fluids in him. She sent me a picture and said, "I dont know how I feel about this... your daughters last day is at the end of this week and if I want to leave earlier then to let her know and she will pack her things...Giving me less than one weeks notice through a text. I had already paid her for that week (which hadnt started yet, since this was on a Sat), so I told her since she's blaming my daughter for her sons illness, I wont be returning and I will cancel the check for the week that hadn't started yet. The contract I signed says that if a parent/guardian wants to remove the child from her daycare they must give 2 weeks written notice and those two weeks are to be paid in full. But I told her she terminated my daughter for a ridiculous reason, blamed my daughter for having IV's in her son, I wasn't GIVEN two weeks to write a letter notifying her that we wont be returning and therefore her contract is VOID. Does anyone know if I have to pay her? She said if I pay her the full amount for one week, plus the charges for a cancelled check she wont take me to court. If I don't pay on time the charges will go up to the full 2 weeks pay plus the $15.00 cancelled payment fee and we will go to court. Can someone please help me? She terminated me, and I didn't choose to pull my daughter from there, I just chose to leave earlier then her termination date. Someone please HELP! Thanks!!!
Michael 06:23 PM 01-14-2011
Welcome to the forum!
dEHmom 06:34 PM 01-14-2011
did she put in there anything about a trial period? I have in my contract a 2 week trial period where either party can decide it's not working out with no penalties. I would refund the 2 week deposit and we'd part.
If she doesn't have anything like that, cancelling the cheque is just asking for trouble. Did you do this already? You will end up in a court battle almost guaranteed.
Keep a cool head, be the bigger person here, and just explain to her that the contract states 2 weeks, and you need to find alternative care. Keep the text as proof. It's hard to believe that everyone would have the same problem at the same time, they must've all contracted it at the exact same time, possibly food poisoning?
If she doesn't have anything like that, cancelling the cheque is just asking for trouble. Did you do this already? You will end up in a court battle almost guaranteed.
Keep a cool head, be the bigger person here, and just explain to her that the contract states 2 weeks, and you need to find alternative care. Keep the text as proof. It's hard to believe that everyone would have the same problem at the same time, they must've all contracted it at the exact same time, possibly food poisoning?
jen 06:50 PM 01-14-2011
In my contract it states that I must give my parents 30 days notice if I terminate care. Does she have any termination requirement in her contract as it pertains to the provider terminating care? Does she give any reasons when she can terminate immediately?
If the provider does have a notice requirement on her part of more than one week, then she breached the contract.
Make sure to keep those texts...
As for not bringing a virus "ever." Anyone can bring a virus to daycare unknowingly. She could have picked something up at the grocery store..one of the other kids could have brought the virus and your daughter became ill first.
This is just a guess but I'm wondering if the provider feels that you gave your child a fever reducer prior to brining her to care as the other kids all got a high fever and yours did not.
If the provider does have a notice requirement on her part of more than one week, then she breached the contract.
Make sure to keep those texts...
As for not bringing a virus "ever." Anyone can bring a virus to daycare unknowingly. She could have picked something up at the grocery store..one of the other kids could have brought the virus and your daughter became ill first.
This is just a guess but I'm wondering if the provider feels that you gave your child a fever reducer prior to brining her to care as the other kids all got a high fever and yours did not.
aer523235 07:12 PM 01-14-2011
Very true girls! I told her my daughter could have most definitely brought the virus there, and I apologize if she did. I was just saying that Im not a mom that drops off my sick kid so I wouldn't have to call out of work, I have kept her home plenty of times.. I can see her getting upset and terminating me if my daughter continuously showed up sick or had to leave early for a fever and illnesses, but it was a first. And I have been going there for 10 months. No where in her contract does she state her termination policies. She told me on saturday that my daughters last day will be friday. And I told her shes being completely unprofessional and making decisions based on her emotions rather then being rational. She terminated my child because her son ended up in the ER, and she gave me a week "out of courtesy, so I could find another provider." I was able to have my aunts and relatives watch my daughter for the week as I went on numerous interviews and found someone else. But since she decided to terminate my daughter out of anger for "getting her son so sick he ended up in the er" I wasnt going to bring her back there, and because I didnt go back within the one week she gave me before my daughter was terminated she now wants me to pay her for the 2 weeks notice since "I pulled her before she was let go"
I dont know if shes right, or if her contract is void since I didnt have two weeks notice to write or letter, and it wasnt my choice to pull her from the daycare... It was my choice to pull her before her termination date.
Its frustrating because she told me shes doing it to keep the parents happy - which means she told them my daughter got all the kids sick, which is completely unprofessional as it is.
Does this help?
I dont know if shes right, or if her contract is void since I didnt have two weeks notice to write or letter, and it wasnt my choice to pull her from the daycare... It was my choice to pull her before her termination date.
Its frustrating because she told me shes doing it to keep the parents happy - which means she told them my daughter got all the kids sick, which is completely unprofessional as it is.
Does this help?
Daycare_Mama 07:52 PM 01-14-2011
Originally Posted by aer523235:
Very true girls! I told her my daughter could have most definitely brought the virus there, and I apologize if she did. I was just saying that Im not a mom that drops off my sick kid so I wouldn't have to call out of work, I have kept her home plenty of times.. I can see her getting upset and terminating me if my daughter continuously showed up sick or had to leave early for a fever and illnesses, but it was a first. And I have been going there for 10 months. No where in her contract does she state her termination policies. She told me on saturday that my daughters last day will be friday. And I told her shes being completely unprofessional and making decisions based on her emotions rather then being rational. She terminated my child because her son ended up in the ER, and she gave me a week "out of courtesy, so I could find another provider." I was able to have my aunts and relatives watch my daughter for the week as I went on numerous interviews and found someone else. But since she decided to terminate my daughter out of anger for "getting her son so sick he ended up in the er" I wasnt going to bring her back there, and because I didnt go back within the one week she gave me before my daughter was terminated she now wants me to pay her for the 2 weeks notice since "I pulled her before she was let go"
I dont know if shes right, or if her contract is void since I didnt have two weeks notice to write or letter, and it wasnt my choice to pull her from the daycare... It was my choice to pull her before her termination date.
Its frustrating because she told me shes doing it to keep the parents happy - which means she told them my daughter got all the kids sick, which is completely unprofessional as it is.
Does this help?
I replied to the other thread, but I wanted to say it a little more straightforward.Very true girls! I told her my daughter could have most definitely brought the virus there, and I apologize if she did. I was just saying that Im not a mom that drops off my sick kid so I wouldn't have to call out of work, I have kept her home plenty of times.. I can see her getting upset and terminating me if my daughter continuously showed up sick or had to leave early for a fever and illnesses, but it was a first. And I have been going there for 10 months. No where in her contract does she state her termination policies. She told me on saturday that my daughters last day will be friday. And I told her shes being completely unprofessional and making decisions based on her emotions rather then being rational. She terminated my child because her son ended up in the ER, and she gave me a week "out of courtesy, so I could find another provider." I was able to have my aunts and relatives watch my daughter for the week as I went on numerous interviews and found someone else. But since she decided to terminate my daughter out of anger for "getting her son so sick he ended up in the er" I wasnt going to bring her back there, and because I didnt go back within the one week she gave me before my daughter was terminated she now wants me to pay her for the 2 weeks notice since "I pulled her before she was let go"
I dont know if shes right, or if her contract is void since I didnt have two weeks notice to write or letter, and it wasnt my choice to pull her from the daycare... It was my choice to pull her before her termination date.
Its frustrating because she told me shes doing it to keep the parents happy - which means she told them my daughter got all the kids sick, which is completely unprofessional as it is.
Does this help?
The ONLY way you owe her money for this week in question is if in her contract it says that the provider must provide the daycare family with 1 week notice with payment should she decide to cancel care. You would then still have to pay for that 1 week even if you decided not to send your daughter for that last week.
If she had nothing in her contract about her giving notice, you owe nothing.
If she had something about her giving a 2 week notice or any other time frame besides 1 week, then you also don't owe, because she voided her contract by only giving you a week.