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Daycare Center and Family Home Forum>Threatening Parent/Angry Parent
JeepGirl6 07:45 AM 12-21-2010
Well to my previous E-mail (Angry Parent) now I just received an E-mail from the mother stating that she can't believe I screwed her over and that it is standard protocol to withhold the last check if a two week notice is not given( not in my contract) She also says she refuses to send payment because I was so nasty to her and her child. I did not once say anything unprofessional or uncalm to her. She was the one that got out of control. When she started bringing her child to me she told me she didn't want to do taxes,well I claim taxes on all of the parents whether they claim me or not, so she says " I plan to claim your childcare on my taxes if this issue is not put to rest." Which she has also texted me the same thing yesterday. I don't understand why she thinks she is threatening me...she doesn't know I do taxes anyway if parents don't so she thinks she is going to get me in trouble...Ahhhhh I can't wait for this all to be over....Does anyone think I have a good chance in small claims, with my signed contract and her violently slamming my daycare door in front of children ( the reason I took the one week notice away because I didn't want her back in my home) and saying unprofessional things to me?
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dEHmom 07:53 AM 12-21-2010
The problem here is there is no way to prove what either one is saying. So unless there is anyone there to basically testify that what she did (slamming doors etc) is what happened, then it's really hard to say.

This is your business though, you wouldn't just walk away from a paying parent with no notice or anything. Do you have any documentations about interviews with parents regarding behavioral problems etc? Do you have anything to support your case basically.
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Blackcat31 07:59 AM 12-21-2010
Save the text's and any messages...stop talking to them...take it to court and go from there. Another poster said it all about them just trying to bait you into an argument and trying to talk you out of whatever they feel has been wronged on them...STOP talking to them, stop responding, file with small claims court, tell your side and let the small claims court handle it...the parents are only digging their hole deeper if they keep texting or calling. Just take the high road and stop resonding..you have already explained yourself and probably have a good chance of collecting in court. Just don't respond to them any more....they are baiting you!! Good Luck!
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dEHmom 08:02 AM 12-21-2010
exactly as blackcat stated.

And remember, KEEP A COOL HEAD. The ones who start mouthing off, name calling, screaming, are the ones who will pay. You can always get what you want by acting appropriately, being the "bigger" person acting like an adult and not a 2 year old.
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JeepGirl6 08:08 AM 12-21-2010
Originally Posted by Blackcat31:
Save the text's and any messages...stop talking to them...take it to court and go from there. Another poster said it all about them just trying to bait you into an argument and trying to talk you out of whatever they feel has been wronged on them...STOP talking to them, stop responding, file with small claims court, tell your side and let the small claims court handle it...the parents are only digging their hole deeper if they keep texting or calling. Just take the high road and stop resonding..you have already explained yourself and probably have a good chance of collecting in court. Just don't respond to them any more....they are baiting you!! Good Luck!
They called yesterday leaving a voicemail, left a text last night and an E-mail this morning....I have not repsonded to any of their forms of communication which is making them upset it seems because they keep trying to come at me...I am not going to respond to them like you said and just deal with everything in court...But like the above post with the advice I was given about not having the proof of her actions...would I be able to use that in court if I don't have the proof. I have documented all of the things she has said to me
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Blackcat31 08:24 AM 12-21-2010
I would think that any of their texts and voicemails demonstrates pretty clearly their general way of behaving so your story would be completely supported by their own actions!
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dEHmom 08:45 AM 12-21-2010
You should have a pretty strong case.
I've never had to actual go through court for any reason, so I don't know how home daycares are treated in a legal setting.

Any proof, text, etc, especially if it shows any sort of verbal abuse or inappropriate actions/words/threats will be as blackcat stated, enough support for your case. They are digging a hole they won't be able to get themselves out of.
You've done and said enough to them. They are aware of the agreement, they know they rightfully owe you money, so it's all up to them. They can choose to go to court and pay a lot more than just what they owe you, or they can pay what they owe you. Simple.

I'm currently getting ready to mail out my demand for payment on my deposit cancellation. It just clearly states the agreement we had, the situation (where they insisted on placing deposit before date of interviews to guarantee their spot), etc. It's a threatening letter stating that if court is necessary to settle the dispute, they will then owe not only the original deposit amount, but fees for court, loss of income, yada yada.

Oh get this, they mailed me back the deposit receipt! hahahaha.
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momofboys 09:14 AM 12-21-2010
Definitely doing a good thing with not responding to them. They sound like a bunch of whackos! I hope it has a good ending for you!
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marniewon 09:27 AM 12-21-2010
Originally Posted by JeepGirl6:
Well to my previous E-mail (Angry Parent) now I just received an E-mail from the mother stating that she can't believe I screwed her over and that it is standard protocol to withhold the last check if a two week notice is not given( not in my contract) She also says she refuses to send payment because I was so nasty to her and her child. I did not once say anything unprofessional or uncalm to her. She was the one that got out of control. When she started bringing her child to me she told me she didn't want to do taxes,well I claim taxes on all of the parents whether they claim me or not, so she says " I plan to claim your childcare on my taxes if this issue is not put to rest." Which she has also texted me the same thing yesterday. I don't understand why she thinks she is threatening me...she doesn't know I do taxes anyway if parents don't so she thinks she is going to get me in trouble...Ahhhhh I can't wait for this all to be over....Does anyone think I have a good chance in small claims, with my signed contract and her violently slamming my daycare door in front of children ( the reason I took the one week notice away because I didn't want her back in my home) and saying unprofessional things to me?
What does your contract state? Does it say you can terminate without notice for inappropriate behavior? Did they sign it? If yes to these questions, you will win. That contract is legally binding. If you both signed it, it doesn't matter if you termed them for wearing clown shoes - if that was in the contract that you all signed, the judge has to rule in your favor.
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JeepGirl6 09:55 AM 12-21-2010
Originally Posted by marniewon:
What does your contract state? Does it say you can terminate without notice for inappropriate behavior? Did they sign it? If yes to these questions, you will win. That contract is legally binding. If you both signed it, it doesn't matter if you termed them for wearing clown shoes - if that was in the contract that you all signed, the judge has to rule in your favor.
My contract states that "For each day your child is in my care their is a charge or $35.00. All payments must be paid in cash or check every Friday or their will be a $10.00 late fee every day without pay"

I didn't put anything in my contract about terminating, I guess when I was starting out I didn't think I would have to terminate a child, it wasn't in my mind set because you want to be positive when starting a business. For upcoming clients I should probably add a termination policy...

Yes, Both parents signed the contract stating they agreed with it.
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Daycare_Mama 10:01 AM 12-21-2010
Originally Posted by JeepGirl6:
My contract states that "For each day your child is in my care their is a charge or $35.00. All payments must be paid in cash or check every Friday or their will be a $10.00 late fee every day without pay"

I didn't put anything in my contract about terminating, I guess when I was starting out I didn't think I would have to terminate a child, it wasn't in my mind set because you want to be positive when starting a business. For upcoming clients I should probably add a termination policy...

Yes, Both parents signed the contract stating they agreed with it.
So, nowhere in your contract does it say that there is a 2 week notice with payment? Then, you might have some issues if the only thing is "for each day that she's in care", because then technically she doesn't have to pay you past the day she left. But if you have something in your contract stating that there is a notice to leave on either end and she has to pay, you'll be fine.

I read your other post and this woman sounds loony! I would say something back to her about the taxes since she thinks she's hurting you by claiming herself.

Something like, "I don't know if you're intending to threaten me with that, but it doesn't matter to me one bit if you claim or not. I claim every child that comes to me whether the parents do or not." Might get her to pay you since she clearly thinks you'll just forget about it as long as she doesn't claim taxes. When in reality you do.
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Unregistered 10:02 AM 12-21-2010
If they are whacked out about this situation now, wait until the court serves them papers and schedules a court date. They are trying to intimidate you into giving them money back or not taking them to court. The judge we have here is very understanding of how much our center tries to work with parents before taking them to court. And most of the cases I send to court, the parents never show up, the case is awarded to us, and in some cases we have to take them to sheriff sale before they get the point that it is costing them more money the longer they ignore it.

You can keep copies of your text messages and emails. But keep your story short with the signed contract and breach of it. If the judge asks for background info, then you will be prepared in having the backup. Otherwise keep it on the high road.
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DCMom 10:20 AM 12-21-2010
In small claims court, it is going to come down to what your contract states. If you don't state a specific termination policy, there is no guideline for the judge to rule by. You may come to some agreement in mediation, but again your contract is what is being mediated.

I found out the hard way that termination policies have to be very, very specific in length of notice and amount due, yet not limited to only certain reasons for termination. DC Parents will try every loophole to get out of paying that last two weeks (or however long), particularly if they are pissed off at you.
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Unregistered 07:29 PM 12-21-2010
I agree you should stop all communication with them unless it is for court documentation...the parents who quit on me, who i'm taking to court, they refuse to accept any certified mail from me because they know it's a request for payment, so i print out the online notices that the package was refused, and weekly i send the parents a very nice email stating their current balance including fees they have accumulated due to nonpayment, and remind them that they need to accept their certified letters because they include time sensitive information regarding their account.

I now have to send certified information to their business that they own, and if it is accepted there, if payment isn't received within 30 days of their signed acceptance of the certified package, I will be taking them to small claims.

this part of the job SUCKS
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Tags:bad parent, small claims, termination, threats
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