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  #1  
Old 04-03-2012, 10:01 AM
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Question Well... This Sucks?

So yesterday was a complete crap day, complete with a screaming newborn, vomiting toddler and ended with a person giving notice. Not only did she catch me off guard, but she has a strong personality and I find it hard to fight for what I think is right?

I have a contract, it requires a 2 week notice on either party for terminating care. She just found out yesterday her school is closing down as of Friday. It's a private school that is state funded, and the money has run out and she's just out of a job. She was unaware of my 2 week notice (Stating DCB's last day would be this Thursday , and I reminded her and she implied she didn't get 2 weeks, so why should I? Then asked if she could just spread out those days if she needed me as a drop in if she gets any substitute days? However, I need to find someone to fill the spot and if I am able to get someone in here in 2 weeks, that spot will be filled and there will be no more room for her child. I do feel bad this has happened to her. I'm really bummed DCB will be leaving, he's a great kid! She just completed her masters in Childhood Education/Administration and she's a bright woman, I'm sure she'll find something starting next year at a new school... I just can't sit on a spot for that long as he's a full-timer and 1/3 my income. Do I hold to the 2 weeks? I pushed for it, and don't think I should cave in - Does this make me insensitive?

Side note: I would LOVE to fill in with another 18 + month. I just took on a newborn 2 days a week (will go 3 days in summer). I am getting a TON of calls for little ones, not so many for the 2/3 yr. olds unless it's an odd situation (rotating work schedules, part-time, 1/2 days). I'm inclined to wait until I find the right fit... I had a great dynamic and it's changing now, BOO!
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  #2  
Old 04-03-2012, 10:03 AM
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Why would she NOT be aware of the two-week notice requirement if it is in your contract? Did she not read the contract she signed with you?

Whether she gets a two week notice at her job or not has zero bearing on you...that is a really poor excuse on her part..
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  #3  
Old 04-03-2012, 10:06 AM
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Get your two weeks. If she didn't read the contract or "remember it" then it's not your problem. It's a bummer she lost her job/school, but you have a business to run and you just have to seperate the two. I'm not trying to sound insensitive here. I totally sympathize with her. It's just a business decision, nothing personal.
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  #4  
Old 04-03-2012, 10:12 AM
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Default In contract...

She signed it, but either didn't read through it carefully, or is playing dumb to avoid paying, she's probably hoping for compassion on my part, laying the guilt trip on pretty thick. I am a compassionate person (I take care of little people all day!), however I'm not ready to just cave in. She knew the rules before she signed.

There have been issues with this family (DCB was the throw-up kid yesterday) and guess who showed up today. (" Oh, he never threw up again, must have been something he ate, never had a fever, keeping everything down and playing normal, we're bringing him tomorrow!") I went back to my contract and there was not a 24 hour symptom free clause in there (it's there now!!) They never pay on time, always Monday morning the week of and not the Friday before. And, she's a teacher for which I was requiring at least 2 days a week paid - which she was trying to wiggle out of. So, overall not sad to not deal with the DCP's anymore. The dad ALWAYS parked in the middle of the 2 car driveway during pick-up so that no other cars could come in the driveway... just going to miss DCB.
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  #5  
Old 04-03-2012, 10:23 AM
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I would simply copy the page out of your contract that states the two week notice, attach it to a copy of the page she signed and just hand it to her with her final billing. No need for discussion or anything else. She knows FULL well she needs to pay you, she is probably just playing dumb like you said and that is sooooo NOT cool!

Call her out on it by handing her the copies and the bill with a due date. If she tries to negotiate or wiggle out, say that you are sorry her job didn't give her a two week notice but you have a contract to avoid that kind of thing, so pay up daycare mom!
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  #6  
Old 04-03-2012, 10:29 AM
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Hold your ground. The one time this happened to me, where parent lost job I held them to the 2 weeks. I did tell them if I was able to find somebody to start before their 2 weeks was up then I would let them know and not charge them for those overlapping days. But I didnt go out of my way to make sure it got filled with just anyone so I never had anyone start in that 2 weeks.

Plus I require a weeks deposit at the start of care that they can use for the last week of care, with 2 weeks notice, so really they are only out the one week.
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  #7  
Old 04-03-2012, 10:32 AM
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Geez what is wrong with people?
UMMM sorry she didn't get a 2 week notice but, she can sign up for unemployment, right?
I think she shold pay you your notice. I hope you get it.
I quit even fooling with the darn 2 week notice. I just save up some money and keep it in case someone quits. I got tired of rude people wanting to argue with me about it when they flat out know it is in the contract. If I know they are going to school I get my notice and most considerate people will give me a notice but I get so tired of these parents I don't even care anymore!

And parking in the middle or the driveway is something I hate. I can't believe when people do that. I hate to say anything but come on. Be considerate of others!
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  #8  
Old 04-03-2012, 10:43 AM
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Quote:
Originally Posted by KDC View Post
She was unaware of my 2 week notice (Stating DCB's last day would be this Thursday , and I reminded her and she implied she didn't get 2 weeks, so why should I?
Just because she got screwed gives her the right to screw you?

Like Clueless said - SHE will get unemployment, YOU will get nada.
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  #9  
Old 04-03-2012, 10:47 AM
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She obviously doesn't have a contract with her employer that requires them to give her a two week notice. She should have negotiated that into her agreement as you did with her. If she signed an agreement requiring two weeks notice then she should always have that two weeks notice in reserve so that should she loose her job she has what she needs to pay off her contract.
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Old 04-03-2012, 11:30 AM
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I would insist she pay the two weeks at drop off tomorrow, post date checks if need be, but don't allow the kid to be dropped off without it

I had a mom show up last week, on Friday, and say Today is DCG last day! Luckily she was a responsible mom and paid it. It made me realize that I should require a 2-week deposit to enroll a kid and that 2-week will go towards the last two weeks of care.
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  #11  
Old 04-03-2012, 11:37 AM
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Quote:
Originally Posted by nannyde View Post
She obviously doesn't have a contract with her employer that requires them to give her a two week notice. She should have negotiated that into her agreement as you did with her. If she signed an agreement requiring two weeks notice then she should always have that two weeks notice in reserve so that should she loose her job she has what she needs to pay off her contract.
Nan-I don't know if it varies by state, but WI, for instance is an "at will" state, and it is not customary to have an employment contract. I don't know if one CANT have one, but most people don't. The closest thing would be to be part of a union, in which case there are things the union has negotiated.
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  #12  
Old 04-03-2012, 11:42 AM
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Quote:
Originally Posted by Blackcat31 View Post
I would simply copy the page out of your contract that states the two week notice, attach it to a copy of the page she signed and just hand it to her with her final billing. No need for discussion or anything else. She knows FULL well she needs to pay you, she is probably just playing dumb like you said and that is sooooo NOT cool!

Call her out on it by handing her the copies and the bill with a due date. If she tries to negotiate or wiggle out, say that you are sorry her job didn't give her a two week notice but you have a contract to avoid that kind of thing, so pay up daycare mom!
When I do this, I just smile, smile, smile in person and send that pesky thing that they read and signed on home with them so they can refresh their memory.
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  #13  
Old 04-03-2012, 12:51 PM
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Give her a copy of the contract. Highlight the area for her that spells out your termination policy and highlight her signature for you.

Play dumb all you want lady, if you have a signed contract, it's all you need. I also demand payment up front for the final two weeks.

Don't be surprised if she bolts on you and you don't get your money. In that case, I'd be forthcoming and tell her that the money is due now and there is no SUBSTITUTIONS!!

And tell her..."If you don't stick to your end of the agreement, this amount you are required to pay me could turn into three times that if I have to take you to small claims court to get it out of you!"

Then you can't say she wasn't warned!
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  #14  
Old 04-03-2012, 01:02 PM
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Make sure and stick to your contract. If it says 2 week paid notice, you will receive 2 weeks paid notice.
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  #15  
Old 04-03-2012, 01:30 PM
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Quote:
Originally Posted by Blackcat31 View Post
Why would she NOT be aware of the two-week notice requirement if it is in your contract? Did she not read the contract she signed with you?

Whether she gets a two week notice at her job or not has zero bearing on you...that is a really poor excuse on her part..
I have had trouble with this 2 -3 times now ... even from longstanding good dcp relationships! Maybe taking a deposit up front would get their attention, idk!
One dcp paid the two weeks only to "stop pay" the check a few days later! a reminder to us to keep business, business!
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  #16  
Old 04-03-2012, 03:16 PM
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Quote:
Originally Posted by bbo View Post
Nan-I don't know if it varies by state, but WI, for instance is an "at will" state, and it is not customary to have an employment contract. I don't know if one CANT have one, but most people don't. The closest thing would be to be part of a union, in which case there are things the union has negotiated.
I see what you are saying but in the end she choose a job that left her unprotected for the two weeks notice. She will have access to unemployment compensation. The provider will not.

If she knows she can be fired at will with no notice and she has a contract with her daycare... landlord... phone company... whoever... she needs to understand that she HAS to live up to the contract.
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  #17  
Old 04-03-2012, 06:09 PM
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Originally Posted by Unregistered View Post
I have had trouble with this 2 -3 times now ... even from longstanding good dcp relationships! Maybe taking a deposit up front would get their attention, idk!
One dcp paid the two weeks only to "stop pay" the check a few days later! a reminder to us to keep business, business!
Now that is cold. Humm I hope that came back to bite her in the butt!
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