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Daycare Center and Family Home Forum>(Semi-Legal) Question About Termination Today
Memc2001 09:51 AM 10-01-2013
This is regarding the termination of the sickly/non-stop cryer this morning. Technically, she terminated me before I could make the call. She is now wanting her deposit back as well, ($95)
What a mess. I gave back the money they had prepaid for next week. ($95) However, I just went back through my paperwork and realized she did not give me a signed copy of the parent policy/contract. She did not give a 2-week notice so I am not required[ to give her the deposit back. I will gladly give it back to her if she returns a signed copy of the parent policy first. Is this a reasonable request considering? (parent policy lists sickness policy, reasons for termination, etc) I would like to have a little protection on my part if she ever tries anything with the State. If you don't think its a big deal, I would like to hear it. I had no idea until this morning that I did not have this document in my possession or I would have had them sign earlier. I know I dropped the ball on this one a little so what would you do if you were in my shoes?
What a mess. I gave back the money they had prepaid for next week. ($95) However, I just went back through my paperwork and realized she did not give me a signed copy of the parent policy/contract. She did not give a 2-week notice so I am not required[ to give her the deposit back. I will gladly give it back to her if she returns a signed copy of the parent policy first. Is this a reasonable request considering? (parent policy lists sickness policy, reasons for termination, etc) I would like to have a little protection on my part if she ever tries anything with the State. If you don't think its a big deal, I would like to hear it. I had no idea until this morning that I did not have this document in my possession or I would have had them sign earlier. I know I dropped the ball on this one a little so what would you do if you were in my shoes?
butterfly 09:56 AM 10-01-2013
hmmm... I wouldn't try to get them to sign a contract now. That seems like it'll never happen anyways.
Sometimes I think it's just easier to give back the money and end the drama. It's not worth it for me. Now if it's a deposit - I'm not sure you should have to refund that, but I probably would. I'd be happy to be out that money to end the drama and not have to hear from them again.
Sometimes I think it's just easier to give back the money and end the drama. It's not worth it for me. Now if it's a deposit - I'm not sure you should have to refund that, but I probably would. I'd be happy to be out that money to end the drama and not have to hear from them again.
Memc2001 10:00 AM 10-01-2013
I totally agree. I will refund the money but I was just wanting that document on file for any future possible issue.
After thinking about it more, though I realize that having it date on 10/1/13, the day of termination will not do squat for me legally.
I will return the money in hopes they will just move on. I do NOT want anymore drama and am happy to have him gone. I know they are money-motivated anyway.
Thanks for the reply!
After thinking about it more, though I realize that having it date on 10/1/13, the day of termination will not do squat for me legally.
I will return the money in hopes they will just move on. I do NOT want anymore drama and am happy to have him gone. I know they are money-motivated anyway.
Thanks for the reply!
butterfly 10:04 AM 10-01-2013
Originally Posted by Memc2001:
I totally agree. I will refund the money but I was just wanting that document on file for any future possible issue.
After thinking about it more, though I realize that having it date on 10/1/13, the day of termination will not do squat for me legally.
I will return the money in hopes they will just move on. I do NOT want anymore drama and am happy to have him gone. I know they are money-motivated anyway.
Thanks for the reply!
If you return the money, I don't see it very likely that they'd try to come after you for anything - what would they get in return if they try? I totally agree. I will refund the money but I was just wanting that document on file for any future possible issue.
After thinking about it more, though I realize that having it date on 10/1/13, the day of termination will not do squat for me legally.
I will return the money in hopes they will just move on. I do NOT want anymore drama and am happy to have him gone. I know they are money-motivated anyway.
Thanks for the reply!
Play Care 10:04 AM 10-01-2013
I would refund, but lesson learned - no signed contract = no child care.
Memc2001 10:21 AM 10-01-2013
trust me, I would have had it signed, I just assumed that back in August she returned all paperwork to me. Somehow, I didn't notice or forgot to ask. ( I had mailed the paperwork back to her in April) I ALWAYS get a signed contract. It has saved me a few times. Thanks again.
Memc2001 10:23 AM 10-01-2013
Originally Posted by butterfly:
If you return the money, I don't see it very likely that they'd try to come after you for anything - what would they get in return if they try?
True, I have just been burned in the past and wanted to have "all my papers in order" if I ever had to defend anything. It was a pretty cut and clear parting so hopefully, nothing ever comes of it.If you return the money, I don't see it very likely that they'd try to come after you for anything - what would they get in return if they try?
Lianne 10:56 AM 10-01-2013
In order for her to receive her refund, draw up a document for her to sign acknowledging the returnn of the $95 deposit, that she terminated with XX amount of notice which you accept and that she agrees your (implied?) contract for care is finished.
Basically, have her sign something that says she can't come back down the road expecting any thing else from you
Basically, have her sign something that says she can't come back down the road expecting any thing else from you
wdmmom 11:02 AM 10-01-2013
I have all families sign something like this:
By signing below, I, ________:
-have paid all fees and accrued time off.
-understand that all services are completed, final and non-refundable.
-have received all belongings.
-there will not be any action (legal or otherwise) taken against Orchard Drive Daycare, it's owner or any of its affiliates.
-Account is closed and clear.
-No funds or otherwise are owed to or by either party.
This clears everything up.
By signing below, I, ________:
-have paid all fees and accrued time off.
-understand that all services are completed, final and non-refundable.
-have received all belongings.
-there will not be any action (legal or otherwise) taken against Orchard Drive Daycare, it's owner or any of its affiliates.
-Account is closed and clear.
-No funds or otherwise are owed to or by either party.
This clears everything up.
Memc2001 11:08 AM 10-01-2013
THANK YOU. The document signed is a great idea. I was just going to send the check certified, return, receipt.
Memc2001 12:38 PM 10-01-2013
I texted DCM to tell her that I will be happy to give her the deposit back if she comes and signs the form (above mentioned and suggested). She then said, "don't I get my money back for the rest of the week?" I said No and then got a texting ass-chewing from her boyfriend and baby's father. I called him to try and talk to him and explain that no notice was given and I am not obligated to give back a deposit, let alone a pro-rated amount for the rest of the week.
He would not answer his phone. I called the mother who discussed the entire incident with me. I told her I am willing to negotiate half this week prorated but that's it. She agreed and will be by at 3 to do the paperwork and pick up her money. I swear, what use are parent policies anyway if parents aren't going to abide by them? She said she had read it but didn't remember anything about a two week notice, etc. I told her I will be happy to supply her ANOTHER copy.
BTW, it's always on my website
He would not answer his phone. I called the mother who discussed the entire incident with me. I told her I am willing to negotiate half this week prorated but that's it. She agreed and will be by at 3 to do the paperwork and pick up her money. I swear, what use are parent policies anyway if parents aren't going to abide by them? She said she had read it but didn't remember anything about a two week notice, etc. I told her I will be happy to supply her ANOTHER copy.
BTW, it's always on my website
TheGoodLife 01:09 PM 10-01-2013
Originally Posted by Memc2001:
I texted DCM to tell her that I will be happy to give her the deposit back if she comes and signs the form (above mentioned and suggested). She then said, "don't I get my money back for the rest of the week?" I said No and then got a texting ass-chewing from her boyfriend and baby's father. I called him to try and talk to him and explain that no notice was given and I am not obligated to give back a deposit, let alone a pro-rated amount for the rest of the week.
He would not answer his phone. I called the mother who discussed the entire incident with me. I told her I am willing to negotiate half this week prorated but that's it. She agreed and will be by at 3 to do the paperwork and pick up her money. I swear, what use are parent policies anyway if parents aren't going to abide by them? She said she had read it but didn't remember anything about a two week notice, etc. I told her I will be happy to supply her ANOTHER copy.
BTW, it's always on my website
I guess I don't see why you're giving in to any of it. I would have just treated everything as if you had a contract and not refunded any of it. You are due a notice, so why give her BACK money when she decided to pull with no notice? If she decided to try to take legal measures (knowing she never gave you a contract) then make compromise, but I would guess she wouldn't actually go through with it. (I run a very small DC though, so I don't mess with $ drama). Good luck with it, though, I hope you have more peace without the family!I texted DCM to tell her that I will be happy to give her the deposit back if she comes and signs the form (above mentioned and suggested). She then said, "don't I get my money back for the rest of the week?" I said No and then got a texting ass-chewing from her boyfriend and baby's father. I called him to try and talk to him and explain that no notice was given and I am not obligated to give back a deposit, let alone a pro-rated amount for the rest of the week.
He would not answer his phone. I called the mother who discussed the entire incident with me. I told her I am willing to negotiate half this week prorated but that's it. She agreed and will be by at 3 to do the paperwork and pick up her money. I swear, what use are parent policies anyway if parents aren't going to abide by them? She said she had read it but didn't remember anything about a two week notice, etc. I told her I will be happy to supply her ANOTHER copy.
BTW, it's always on my website
sharlan 01:44 PM 10-01-2013
I would not have refunded anything.
I would also stop all the back and forth communication. It's over, time to move on.
I would also stop all the back and forth communication. It's over, time to move on.
Cradle2crayons 02:39 PM 10-01-2013
Originally Posted by sharlan:
I would not have refunded anything.
I would also stop all the back and forth communication. It's over, time to move on.
I agree. While I understand why yu gave next weeks money a little.I would not have refunded anything.
I would also stop all the back and forth communication. It's over, time to move on.
I wouldn't have refunded ANYTHING. I require 2 weeks up front and a 2 week notice. So I don't refund anything.
I do understand by you refunded next week.
This week would NOT be refunded because parents are supposed to pay if they miss due to illness etc. right? Then you don't refund for e rest of e week.
Why are you letting her push yu around and why are you concerned she's going to report yu to e state ?
Memc2001 06:24 PM 10-01-2013
I live in a VERY small town and simply want her to go away. No, I did not want to give any of it back, but did to end it. I figure it's $120 worth of peace. I agree that I shouldn't have done it but I know I can sleep tonight knowing she signed the paper saying she and I have come to this agreement and she can no longer pursue anything and is satisfied with our agreement. I am a student too, on top of all of this and am concentrating on that too.
Also, I did nothing to justify any action by the state but I have been burned BAD by someone who was so mad I terminated her terrible kids that she called up and made up 20 horrid lies and I was investigated. Everything turned out "unfounded" but going through a nightmare like that is something I don't ever want to experience again. I am leaving this business in 2 years when I enter a dental hygiene program because there are just not enough quality parents where I live. Perhaps if this was a bigger town I would not care but she was a referral of a current client who is a wonderful client and I do not want any ill will to be there. Please try to understand my point of view on this. Like I said before, good riddance.
Also, I did nothing to justify any action by the state but I have been burned BAD by someone who was so mad I terminated her terrible kids that she called up and made up 20 horrid lies and I was investigated. Everything turned out "unfounded" but going through a nightmare like that is something I don't ever want to experience again. I am leaving this business in 2 years when I enter a dental hygiene program because there are just not enough quality parents where I live. Perhaps if this was a bigger town I would not care but she was a referral of a current client who is a wonderful client and I do not want any ill will to be there. Please try to understand my point of view on this. Like I said before, good riddance.
Memc2001 06:29 PM 10-01-2013
Originally Posted by sharlan:
I would not have refunded anything.
I would also stop all the back and forth communication. It's over, time to move on.
Trust me, I did stop the back and forth communication. I took the other's advice and had her sign a "termination agreement" to receive her money. That's when everything went downhill. I suppose I could have ignored her texts but I am alone here with no one else and they live very close. I do not know what some of these crazy people are capable of and trying my best to "keep the peace" in this very small place. The one other Licensed daycare provider in the area called me and said she rejected her already. This chick will have a hard time finding anyone who will put up with her. It sounds like anyone else in the area has already experienced her from when her two older boys were in daycare.I would not have refunded anything.
I would also stop all the back and forth communication. It's over, time to move on.
Familycare71 07:17 PM 10-01-2013
Originally Posted by wdmmom:
I have all families sign something like this:
By signing below, I, ________:
-have paid all fees and accrued time off.
-understand that all services are completed, final and non-refundable.
-have received all belongings.
-there will not be any action (legal or otherwise) taken against Orchard Drive Daycare, it's owner or any of its affiliates.
-Account is closed and clear.
-No funds or otherwise are owed to or by either party.
This clears everything up.
LOVE THIS!!! I have all families sign something like this:
By signing below, I, ________:
-have paid all fees and accrued time off.
-understand that all services are completed, final and non-refundable.
-have received all belongings.
-there will not be any action (legal or otherwise) taken against Orchard Drive Daycare, it's owner or any of its affiliates.
-Account is closed and clear.
-No funds or otherwise are owed to or by either party.
This clears everything up.
Memc2001 07:27 PM 10-01-2013
Originally Posted by Memc2001:
I live in a VERY small town and simply want her to go away. No, I did not want to give any of it back, but did to end it. I figure it's $120 worth of peace. I agree that I shouldn't have done it but I know I can sleep tonight knowing she signed the paper saying she and I have come to this agreement and she can no longer pursue anything and is satisfied with our agreement. I am a student too, on top of all of this and am concentrating on that too.
Also, I did nothing to justify any action by the state but I have been burned BAD by someone who was so mad I terminated her terrible kids that she called up and made up 20 horrid lies and I was investigated. Everything turned out "unfounded" but going through a nightmare like that is something I don't ever want to experience again. I am leaving this business in 2 years when I enter a dental hygiene program because there are just not enough quality parents where I live. Perhaps if this was a bigger town I would not care but she was a referral of a current client who is a wonderful client and I do not want any ill will to be there. Please try to understand my point of view on this. Like I said before, good riddance.
Also, I want to reiterate--I did NOT have a signed contract from her. I failed to realize that she did not return the parent policy until this morning when I was going to pull it and explain what she had signed. I don't think she has the means to sue me for anything but my husband and I agreed this is probably our smartest course of action considering the circumstances. The form that was recommended earlier about a parent's departure is what I modified and had her sign. I asked her on the phone about the parent policy and why she is thinking she should be exempt from it and of course she said she got rid of it a long time ago. Trust me guys, this crap won't happen again. It's obvious I have trouble with confrontation but I am getting better. At least I refused care this morningI live in a VERY small town and simply want her to go away. No, I did not want to give any of it back, but did to end it. I figure it's $120 worth of peace. I agree that I shouldn't have done it but I know I can sleep tonight knowing she signed the paper saying she and I have come to this agreement and she can no longer pursue anything and is satisfied with our agreement. I am a student too, on top of all of this and am concentrating on that too.
Also, I did nothing to justify any action by the state but I have been burned BAD by someone who was so mad I terminated her terrible kids that she called up and made up 20 horrid lies and I was investigated. Everything turned out "unfounded" but going through a nightmare like that is something I don't ever want to experience again. I am leaving this business in 2 years when I enter a dental hygiene program because there are just not enough quality parents where I live. Perhaps if this was a bigger town I would not care but she was a referral of a current client who is a wonderful client and I do not want any ill will to be there. Please try to understand my point of view on this. Like I said before, good riddance.
Angelsj 05:32 AM 10-02-2013
Originally Posted by wdmmom:
I have all families sign something like this:
By signing below, I, ________:
-have paid all fees and accrued time off.
-understand that all services are completed, final and non-refundable.
-have received all belongings.
-there will not be any action (legal or otherwise) taken against Orchard Drive Daycare, it's owner or any of its affiliates.
-Account is closed and clear.
-No funds or otherwise are owed to or by either party.
This clears everything up.
Just because they sign this does not make it legally binding. It is a good start, because they will hopefully think it is, but if they want to sue you for something, just signing that will not legally stop them.I have all families sign something like this:
By signing below, I, ________:
-have paid all fees and accrued time off.
-understand that all services are completed, final and non-refundable.
-have received all belongings.
-there will not be any action (legal or otherwise) taken against Orchard Drive Daycare, it's owner or any of its affiliates.
-Account is closed and clear.
-No funds or otherwise are owed to or by either party.
This clears everything up.
Memc2001 06:45 AM 10-02-2013
Luckily, they have nothing to sue me for. They quit me. I did not term. them. I gave them damn near everything back just to remedy the situation. They are broke and don't have the means to sue anyway.
Thanks anyway.
Thanks anyway.