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Daycare Center and Family Home Forum>Need Help With This Situation
dEHmom 07:55 AM 11-09-2011
About a month ago, I started 2 kids on a 2 day a week deal, mom knew that if I found full timers they wouldn't be able to stay if they didn't bump up to full time. I tried to contact the mom last friday, but we didn't get to speak until Monday. However she was in the know of what was going on.

Now that I am licensed, I need to let them go, but they have a deposit with me. All my deposits are non refundable, but the situation is a little different this time. I advised mom on monday that we'd use up the deposit, or she can choose to carry the deposit with me, so that if there are days she wants casual when I have openings she can.

She decided that she wasn't bringing her kids today and let me know by email, and requested that I take todays pay out of the deposit and mail her a cheque for the difference. However, I had advised her that the girls still have the spots next week as well, so she can choose to send them next week too. We parted all on good terms, and she's not doing this to be nasty or anything, but i'm just wondering, am I right or wrong to let her know that she can use the days next week or not, but deposit is not refundable so I cannot mail her back a cheque, and that she can either take the days next week or not.
countrymom 07:57 AM 11-09-2011
sometimes its just easier to give back the deposit and go on your merry way. If you parted on good terms then I would give her the money back.
dEHmom 08:54 AM 11-09-2011
at first i was thinking to just mail the cheque, but honestly, it's her deciding not to finish up. so i sort of feel like i'd be dipping into my own pocket to pay her out. does that make sense?

I liked this family, and we were trying to work it out so that we didn't have to let her go, but unfortunately, she doesn't want to bump up to more hours/days, and it'll be hard to work it for 2 kids to filled in on the opposite days. so i had declined cashing her payment for this week, and told her we'd start using up the deposit instead until it's used.

So it was her deciding to leave early, and I mean like I said, deposits are non refundable.

Also, she has a receipt for the deposit being paid, as well as a receipt for the payment she made for this week, even though I advised I won't be cashing it. This licensing has sort of thrown me for a loop. And I didn't realized I'd be licensed so quickly when she had paid me last week, and so it was the next day I found out that I'd be licensed this week. So I contacted her right away to let her know. So if she wants, she can technically claim that she paid me this money, and I know the government will check into it and verify my income with hers and do an investigation because if she claims more than I claim, then we have an issue. I still give out an end of year receipt which they use for income tax purposes verses handing in multiple receipts.
wdmmom 09:46 AM 11-09-2011
Do you have a contract?
dEHmom 10:00 AM 11-09-2011
yeah contract says 4 weeks for withdrawal or termination, and deposit non refundable. but like I said, this licensing thing is throwing me for a loop.

I just sent an email, advising that unfortunately the deposit is non refundable, and that I fully intended to give her the time to use up the deposit before I started the new kids. Also throwing in the parts regarding the contract. I did it nicely of course, and ended it with let me know what days work for you, as I have the whole week open for the dck's to come.

So now the ball is in her court, if she says they are not coming, then she's forfeiting the deposit, I'm willing to refund her about $70 because the rates will be dropped because of licensing (from what I charge and what I'm allowed to charge), and therefore she would still have a credit after next week and I won't be able to squeeze her in after I fill the spots. But I didn't mention this. I'll wait and see what she says.Even if she decides not to bring them next week, I'll refund her a portion of the deposit for what's left over.
Christian Mother 10:08 AM 11-09-2011
I think you should be ok if you just messaged her and told her per your contract there is no refund on the deposit but that you will allow her children to come next week to use that deposit up. Like you said the ball is in her court and your sticking to your contract. I wouldn't offer giving back the deposit of any sort. If she decides not to use those days then the deposit shld be yours. You offered those days to her.
Cat Herder 10:15 AM 11-09-2011
I feel you are completely within your rights to follow your policies with this client as you would any other.

It is impossible to tell you what I would do because I do neither part-time care or deposits.

I am more of a "No Pay-No Stay", "Your slot will be filled from the Waiting List without remorse" kind of provider.
dEHmom 10:20 AM 11-09-2011
Thanks, a few people told me I should give it back. But truth is, I just don't feel that I am required to. So I'm glad someone agrees with me.

I really did like this family and only had them for a month. It's too bad we couldn't work it out so they could stay.

I was just worried about some sort of backlash. I honestly don't think she would, but you never know right. And the way she requested for the difference to be mailed back, I think was just an attempt to see if she could or not. But I don't think she fully expected it back. Doesn't hurt to ask right.

Also, this friday would've been her day to come with the girls, but it's Remembrance day and I'm closed (paid), and I am choosing not to charge her for it. So I'm being nice.
dEHmom 10:21 AM 11-09-2011
Originally Posted by Catherder:
I am more of a "No Pay-No Stay", "Your slot will be filled from the Waiting List without remorse" kind of provider.
Haha but she is paid :P
Cat Herder 10:28 AM 11-09-2011
Originally Posted by dEHmom:
Haha but she is paid :P
Ah.... but "Tuition is not based on attendance." should also fit here.

She paid, sure, but she also has a right to service. I still feel you ARE upholding your policies as you would for anyone else.

I think you just like them a bit more on a personal level and are second guessing yourself. Friendship and business are hard to differentiate, I know.
dEHmom 10:44 AM 11-09-2011
Definitely not a friendship but at the time she fit into the program well so I allowed only 2 days a week.

I'm giving her the option to use the time, if she chooses not to then deposit would be forfeited. Just like you said, right of service.
Tags:deposit, deposit - forfeited, policy exceptions
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