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  #1  
Old 11-28-2017, 03:26 PM
ChiPa
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Default Is There Any Grounds For Suing The Daycare?

I was leaving my two year old toddler at a daycare for 3 days a week. I have not been entirely satisfied with her care but I having no alternative, I continued to leave my child at the daycare.

One day, my daycare provider asked if I could leave my kid from noon onwards instead of the usual 8:30 a.m. drop off time. Her reason was that she was applying for a larger daycare, and she "wanted to have few kids so that she could concentrate on the inspections ".


I said that I needed some time to think about her request. She texted me the next day asking for my answer as she had plans of requesting another parent as well. My thought process was simple - as a daycare provider applying for a large daycare license, and who is supposed to take care of children, isn't this request contrary to her very vocation? I said that I am not comfortable with her request. This entire episode raised a red flag, and having doubts about her care, I pulled my kid out of her daycare.


Here lies the problem - since I didn't provide the mandated 4 weeks notice, she's refusing to pay my deposit (a month's fee). Can I sue her?

There have been other issues as well such as her not feeding my kid a snack along with his milk inspite of my repeated requests.

I have all this recorded in our texts. Please advise.
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  #2  
Old 11-28-2017, 03:41 PM
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Blackcat31 Blackcat31 is offline
 
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Quote:
Originally Posted by ChiPa View Post
I was leaving my two year old toddler at a daycare for 3 days a week. I have not been entirely satisfied with her care but I having no alternative, I continued to leave my child at the daycare.

One day, my daycare provider asked if I could leave my kid from noon onwards instead of the usual 8:30 a.m. drop off time. Her reason was that she was applying for a larger daycare, and she "wanted to have few kids so that she could concentrate on the inspections ".


I said that I needed some time to think about her request. She texted me the next day asking for my answer as she had plans of requesting another parent as well. My thought process was simple - as a daycare provider applying for a large daycare license, and who is supposed to take care of children, isn't this request contrary to her very vocation? I said that I am not comfortable with her request. This entire episode raised a red flag, and having doubts about her care, I pulled my kid out of her daycare.


Here lies the problem - since I didn't provide the mandated 4 weeks notice, she's refusing to pay my deposit (a month's fee). Can I sue her?

There have been other issues as well such as her not feeding my kid a snack along with his milk inspite of my repeated requests.

I have all this recorded in our texts. Please advise.
I'm sorry you are having difficulties with your child care situation but you provided yourself with the answer you seek.

The rest is just fluff. If you were unhappy with her, the services or the color of her house, you DID have a choice but opted not to pull. You decided to pull your child now but KNEW you were required to give a 4 week notice yet didn't. The provider is well within her rights to keep the deposit.

You are well within your rights to sue her to get it back but I doubt you'd win. Then again, your side of the story is only one side of it.
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  #3  
Old 11-28-2017, 05:11 PM
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storybookending storybookending is online now
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I’m with BC on this one. You pulled knowing she required a 4 week notice. Now if you would have said you couldn’t accommodate a later drop off and she termed, then I would’ve expected my deposit back.
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Old 11-28-2017, 05:50 PM
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This is exactly why you left a deposit in the first place...to pay for the notice period when you leave.

The very reason providers ask for a deposit is because parents feel that the only person that should be held to the contract between the two parties is the OTHER party. Get mad, take kid, leave no notice, don't pay (don't abide by legal document that you signed) and then the provider has to go to court to get that 4 week's worth of pay owed to him or her (per the legal document signed by the parent).

I can not imagine what grounds you would have to sue, and I am positive that you couldn't win a court case. You agreed to the terms-your provider's proof of that is the signed contract, as well as the fact that you paid the deposit. You left without notice, and the provider kept the deposit that you left to protect her from you leaving without notice.

You can sure TRY to take this to court, but you are not going to win.
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  #5  
Old 11-28-2017, 09:19 PM
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AmyKidsCo AmyKidsCo is offline
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ITA with everyone else. You signed a contract which stipulated termination procedures.
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  #6  
Old 11-28-2017, 10:42 PM
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mommyneedsadayoff mommyneedsadayoff is online now
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Quote:
Originally Posted by ChiPa View Post
I was leaving my two year old toddler at a daycare for 3 days a week. I have not been entirely satisfied with her care but I having no alternative, I continued to leave my child at the daycare.

One day, my daycare provider asked if I could leave my kid from noon onwards instead of the usual 8:30 a.m. drop off time. Her reason was that she was applying for a larger daycare, and she "wanted to have few kids so that she could concentrate on the inspections ".


I said that I needed some time to think about her request. She texted me the next day asking for my answer as she had plans of requesting another parent as well. My thought process was simple - as a daycare provider applying for a large daycare license, and who is supposed to take care of children, isn't this request contrary to her very vocation? I said that I am not comfortable with her request. This entire episode raised a red flag, and having doubts about her care, I pulled my kid out of her daycare.


Here lies the problem - since I didn't provide the mandated 4 weeks notice, she's refusing to pay my deposit (a month's fee). Can I sue her?

There have been other issues as well such as her not feeding my kid a snack along with his milk inspite of my repeated requests.

I have all this recorded in our texts. Please advise.
If your thought process was simple, why did you need time to think about it? Why not just say no? Or were you planning to secure other childcare before you quit? Sounds like you were one foot out the door. Her request was not unreasonable, but you could have just said, "no, that will not work for me...is there another option?" Instead, you pulled your kid and broke your contract. I would pay your bill and move on.
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  #7  
Old 11-29-2017, 07:27 AM
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Cat Herder Cat Herder is offline
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If your provider suspected your family had one parent at home during morning hours or a flexible work schedule her inquiry was not unreasonable. She was planning a temporary project of improvement and needed to know your attendance options. It makes logical sense.

All you had to do was say no. You created a problem where none existed. You will need to follow the contract you signed.

If you had asked to arrive early and she termed you, would you not be here saying she acted unreasonably?
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  #8  
Old 11-29-2017, 10:38 AM
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Quote:
Originally Posted by ChiPa View Post
I was leaving my two year old toddler at a daycare for 3 days a week. I have not been entirely satisfied with her care but I having no alternative, I continued to leave my child at the daycare.

One day, my daycare provider asked if I could leave my kid from noon onwards instead of the usual 8:30 a.m. drop off time. Her reason was that she was applying for a larger daycare, and she "wanted to have few kids so that she could concentrate on the inspections ".


I said that I needed some time to think about her request. She texted me the next day asking for my answer as she had plans of requesting another parent as well. My thought process was simple - as a daycare provider applying for a large daycare license, and who is supposed to take care of children, isn't this request contrary to her very vocation? I said that I am not comfortable with her request. This entire episode raised a red flag, and having doubts about her care, I pulled my kid out of her daycare.


Here lies the problem - since I didn't provide the mandated 4 weeks notice, she's refusing to pay my deposit (a month's fee). Can I sue her?

There have been other issues as well such as her not feeding my kid a snack along with his milk inspite of my repeated requests.

I have all this recorded in our texts. Please advise.
The fact you had issues but still didn't pull, but then did pull without notice because of a 4 hr request for later drop off? Sounds fishy & I doubt a court would award you a win.. I'm with the provider & would keep the deposit also (we are private businesses & you voided the contract, not her). BTW, unless it's an infant, most childcares don't serve milk with a snack most days; Food program has rules & Milk is only mandated for meals not snacks and if she was on it, then she was running legally regardless of your request
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  #9  
Old 11-29-2017, 11:03 AM
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CityGarden CityGarden is online now
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Quote:
Originally Posted by Cat Herder View Post
If your provider suspected your family had one parent at home during morning hours or a flexible work schedule her inquiry was not unreasonable. She was planning a temporary project of improvement and needed to know your attendance options. It makes logical sense.

All you had to do was say no. You created a problem where none existed. You will need to follow the contract you signed.

If you had asked to arrive early and she termed you, would you not be here saying she acted unreasonably?
This is exactly what I was thinking.

I personally have three in-service days per year and I would have used one on my in-service days (if allowed by licensing) for the inspection. I feel this provider was thoughtful not taking the entire day...

If you were not happy with your provider and this was the final straw that made you decide to leave then why would you not just use this as ground to give the required 4 weeks notice? Why pull immediately since the child was not neglected, abused, etc.? The items you list are fluff at best not grounds for immediate termination.

Seems you caused yourself and your child stress that could have been avoided with proper notice to the provider. I require 4 weeks notice because it gives me time to replace the spot but also allows me to actively help guide /adjust any behaviors that could help your child transition more easily... it also allows the other children and your child an opportunity to have a proper good bye. One of my children left suddenly (due to a Navy transfer) and it was hard on the children currently in my program, I understand sometimes it cannot be avoided but I think the notice does help the child.
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