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Old 01-04-2015, 08:07 PM
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holly333 holly333 is offline
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Default Don't Want To Pay For Their Two Week Notice

So the family I recently posted about who wasn't respecting me or my policies decided that dad would stay home with the baby. Told me via text, to which i replied that I'm sure that will work out well for them and asked if the child would be attending during his final two weeks. Dad went nuts, ranted and moaned how unfair it was and that they did not feel safe leaving their child with me and I simply repeated we have a signed contract. It ended with me telling him I need the check Monday and that there was nothing more to discuss. He replied that there is nothing more to discuss. I am fairly positive that I will not receive payment tomorrow and I'm wondering what my next steps should be? Does a text count as two weeks notice? Do I send a bill for services (including any late fees that may apply)? I don't want to engage him again as he's very emotional about it all but do I need to remind him about late fees? Let him know I will be going to small claims if payment is not made? I don't understand people sometimes!! Thanks for your help again!
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Old 01-04-2015, 10:08 PM
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permanentvacation permanentvacation is offline
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I stopped bothering with the two weeks notice because of people like him. And because when I've had it with a family, I don't want to be stuck with them for 2 more weeks any longer than they want to be stuck with me.

However, when I did have a two weeks' notice required and had issues with getting the payment. I just called my lawyer and explained my situation. He had me show him my copy of their contract. After reading it, he agreed that they own me money and wrote the parents a letter. I have no idea what the letter said. I only had to do this with a couple of parents, but each time, within a couple of days of talking to my lawyer, ( enough time for the lawyer to mail the letter and them to receive it), the parents brought me my money!

So, if you have a lawyer, I'd suggest calling him/her, explaining the situation, and see what he/she suggests.

I know someone on this forum said they use a collection agency when parents don't pay. You could look into that.

As far as you contacting the parents again, I only told my parents one time that they owed me the 2 weeks' notice. I didn't continue to contact them. I figured they knew they owed me the money. I wasn't going to give them a chance to say I 'harassed' them. I just let my lawyer handle it. You could ask your lawyer if you should continue to make contact with the parents yourself.

Last edited by permanentvacation; 01-04-2015 at 10:10 PM. Reason: Added last line.
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Old 01-05-2015, 07:03 AM
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Blackcat31 Blackcat31 is offline
 
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Quote:
Originally Posted by holly333 View Post
So the family I recently posted about who wasn't respecting me or my policies decided that dad would stay home with the baby. Told me via text, to which i replied that I'm sure that will work out well for them and asked if the child would be attending during his final two weeks. Dad went nuts, ranted and moaned how unfair it was and that they did not feel safe leaving their child with me and I simply repeated we have a signed contract. It ended with me telling him I need the check Monday and that there was nothing more to discuss. He replied that there is nothing more to discuss. I am fairly positive that I will not receive payment tomorrow and I'm wondering what my next steps should be? Does a text count as two weeks notice? Do I send a bill for services (including any late fees that may apply)? I don't want to engage him again as he's very emotional about it all but do I need to remind him about late fees? Let him know I will be going to small claims if payment is not made? I don't understand people sometimes!! Thanks for your help again!
If you don't receive payment to day, I would write up a final invoice.

Include an outline of what is owed, including a copy of the contract they signed highlighting the part that talks about the two week notice and payment.

Also make sure to include what steps you will take if this balance is not paid. If you plan on taking it to small claims court, include the time line (how long before you will file) and what additional charges you will seek payment for (late fees, loss of time, filing fees etc).

Make a copy of everything for your record and then send the letter certified mail to the family.

In my state an attorney is not allowed to be used in small claims court. You can contact one for advice but they cannot attend court with you or on your behalf.

If you have a signed contract, written policies outlining the two week notice that is required and documentation to support the deterioration of the relationship (including documentation of dad's rude behavior) you should be fine and have a valid and legitimate case.
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Old 01-05-2015, 07:23 AM
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Kabob Kabob is offline
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Quote:
Originally Posted by holly333 View Post
So the family I recently posted about who wasn't respecting me or my policies decided that dad would stay home with the baby. Told me via text, to which i replied that I'm sure that will work out well for them and asked if the child would be attending during his final two weeks. Dad went nuts, ranted and moaned how unfair it was and that they did not feel safe leaving their child with me and I simply repeated we have a signed contract. It ended with me telling him I need the check Monday and that there was nothing more to discuss. He replied that there is nothing more to discuss. I am fairly positive that I will not receive payment tomorrow and I'm wondering what my next steps should be? Does a text count as two weeks notice? Do I send a bill for services (including any late fees that may apply)? I don't want to engage him again as he's very emotional about it all but do I need to remind him about late fees? Let him know I will be going to small claims if payment is not made? I don't understand people sometimes!! Thanks for your help again!
I'd also let your licensing rep know about this family in case it gets ugly...his comment about not wanting to send his child because he doesn't think your daycare is safe is probably just an excuse to try to justify not paying but I could see him reporting you just to be spiteful.

Also, for the future, some providers ask for a 2 week deposit upon enrollment to be applied for their final 2 weeks of care to ensure this doesn't happen.

Hope you get your money! At least you don't have to deal with this family anymore even if you don't get paid...that's gotta be worth something!
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Old 01-05-2015, 10:15 AM
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holly333 holly333 is offline
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Thank you ladies, I just left a message with my licensing rep and will start gathering all the paperwork. I do require one week deposit upon enrollment to be applied to their final week but they used it on their first week and I made the mistake of trusting them :/ lesson learned! Other than that, my contract is clear and they signed it!
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Old 01-05-2015, 10:50 AM
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renodeb renodeb is offline
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It is my opinion that when parents sign there child up for child care, they do not really read or her the contract being read. When a child leaves then things get weird and they swear they don't owe. I have had to mail parents a copy of the contract several times and then they act all surprised. Anything you mail them should be sent be registered mail that way you will have a record of them getting it or refusing it.
Deb
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Old 01-05-2015, 11:23 AM
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cheerfuldom cheerfuldom is offline
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No one wants to pay for something when they aren't using the services and things may have ended on a bad note. That part makes sense to me. However, they did already agree to it so it is fair to require it now.
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