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Daycare Center and Family Home Forum>Breach of Contract
tntsmom 12:59 PM 03-05-2013
Ok, I am a Licensed Home Provider and a few questions that I need help with. First some info, last week the schools were out for two days due to snow and on Wednesday I had to take my son to an appointment and was closed for a few hours in the A.M.
When my parents sign on to for my services I have a contract that states they do not get a break for inservice or snow days, and are still required to pay if their children are in care or are not in care. If you choose to stay home with your child, payment is still expected.
I have a mom that works in the school and her son only comes M-W and last week due to the snow days her son was not in care, though I was open and she chose to make arrangements on Wednesday because she was uncertain as to when my appointment would be done.
She picked her son up yesterday and had a check for me for only this week and I asked her about last week, she stated she did not owe me for last week because she did not work on Monday and Tuesday and did not get paid so why should I. I informed her of the contract and she said she would not pay me a dime for last week and I need to figure it out. She left and 10 minutes later her husband called telling me that I needed to not talk but listen and told me the check for this week he was going to come and get and pay me for yesterday because I worked and he was voiding the contract and I would not be paid anymore than that and his son would not be back.
My contract states that Parental Termination requires two week written notice with payment in advance.
He asked if that would be sufficient I explained to him they signed a contract and they would need to give two weeks. He stated he will just cancel the check and I would not get paid even for yesterday.
I explained to him I would just see him in court and he then told me I was a horrible person and he wishes his son never met me and he never brought his son to me.
I cried so much and hurt so much that I honestly felt like a horrible person.
Please tell me if I was out of line in sticking by my contract.
When my parents sign on to for my services I have a contract that states they do not get a break for inservice or snow days, and are still required to pay if their children are in care or are not in care. If you choose to stay home with your child, payment is still expected.
I have a mom that works in the school and her son only comes M-W and last week due to the snow days her son was not in care, though I was open and she chose to make arrangements on Wednesday because she was uncertain as to when my appointment would be done.
She picked her son up yesterday and had a check for me for only this week and I asked her about last week, she stated she did not owe me for last week because she did not work on Monday and Tuesday and did not get paid so why should I. I informed her of the contract and she said she would not pay me a dime for last week and I need to figure it out. She left and 10 minutes later her husband called telling me that I needed to not talk but listen and told me the check for this week he was going to come and get and pay me for yesterday because I worked and he was voiding the contract and I would not be paid anymore than that and his son would not be back.
My contract states that Parental Termination requires two week written notice with payment in advance.
He asked if that would be sufficient I explained to him they signed a contract and they would need to give two weeks. He stated he will just cancel the check and I would not get paid even for yesterday.
I explained to him I would just see him in court and he then told me I was a horrible person and he wishes his son never met me and he never brought his son to me.
I cried so much and hurt so much that I honestly felt like a horrible person.
Please tell me if I was out of line in sticking by my contract.
butterfly 01:25 PM 03-05-2013
I'm so sorry that you have to go through this. You did the right thing. Don't back down. I would count yourself lucky that you don't have to deal with these parents any longer. I'd turn their balance over to a collection agency with late fees and try to not give it another thought. 
brittburk 01:28 PM 03-05-2013
I am new here and to daycare but I'm going to go ahead and say that that's probably one of the rudest things I have ever heard. You put a lot of hard work into caring for somebody else's child. HARD, HARD work. You have a contract that they should have read when they signed it. That should be a binding document just as any other contract they would sign would be. They wouldn't skip part of a payment on their mortgage or rent because they vacationed away from home for a few days because they signed a contract saying they were going to pay for it. :|
I'm sorry you have to deal with that. I for one would never put a daycare provider in such a position (as long as they were doing a good job and keeping my kiddo happy and safe!), especially if it came to contracted terms! How crazy and how mean.
I'm sorry you have to deal with that. I for one would never put a daycare provider in such a position (as long as they were doing a good job and keeping my kiddo happy and safe!), especially if it came to contracted terms! How crazy and how mean.
bunnyslippers 01:31 PM 03-05-2013
You did the right thing! Good for you for sticking with your policies. You are better off without this family ~ they would have been a headache, and clearly do not understand how child care works.
Send them to a collection agency and don't give it another thought.
And the day someone tells me to listen and not talk...whoa. I would have gone through the phone and committed some sort of crime. He has no right in the world to speak to you that way. I am furious for you! Be strong, and don't be upset for one more second. He is an idiot.
Send them to a collection agency and don't give it another thought.
And the day someone tells me to listen and not talk...whoa. I would have gone through the phone and committed some sort of crime. He has no right in the world to speak to you that way. I am furious for you! Be strong, and don't be upset for one more second. He is an idiot.
KnoxMom 01:35 PM 03-05-2013
First of all, if he cancels the check they already gave to you for services rendered in the past you can sue and the court fees will be applied to them. Second, you have a binding contract; he can say what he wants but I would turn the family's account over to a collection agency that only charged upon collection of debt. Also, I doubt they will find quality care in one day or even one week without the OP being weary of why they left care so abruptly. You did the right thing. Just pray about it and maybe God will soften their hearts. Sometimes people just need time to calm down. I would write a letter now letting them know of your intent; possibly even waive the day your son had an appointment and make it obvious that you are trying to work it out. Keep a copy, send it certified mail. At that point, the ball is in their hands and the court will see that you took every measure to work something out with the parents. Good Luck!
TheGoodLife 01:37 PM 03-05-2013
Originally Posted by bunnyslippers:
You did the right thing! Good for you for sticking with your policies. You are better off without this family ~ they would have been a headache, and clearly do not understand how child care works.
Send them to a collection agency and don't give it another thought.
And the day someone tells me to listen and not talk...whoa. I would have gone through the phone and committed some sort of crime. He has no right in the world to speak to you that way. I am furious for you! Be strong, and don't be upset for one more second. He is an idiot.
I agree completely!!! To speak to you in that way was completely uncalled for and rude! You did exactly what your contract stated and I'm sorry that you were treated like that You did the right thing! Good for you for sticking with your policies. You are better off without this family ~ they would have been a headache, and clearly do not understand how child care works.
Send them to a collection agency and don't give it another thought.
And the day someone tells me to listen and not talk...whoa. I would have gone through the phone and committed some sort of crime. He has no right in the world to speak to you that way. I am furious for you! Be strong, and don't be upset for one more second. He is an idiot.
Good luck if you send them to collections- they need to be sent for the last week as well as the 2-week notice time!
3amazingkiddos 02:55 PM 03-05-2013
Wow! Some people have a lot of nerve! You def did the right thing and will be better off not having to deal with the family.
rmc20021 03:19 PM 03-05-2013
First of all, he was terribly rude, secondly...he cannot VOID a contract. A contract is between two people, signed by both parties so that one cannot take advantage over the other. This is what he is trying to do.
Legally he does not stand a chance. If it's in your contract that you do not give credit for days not in care and they chose to not have him in care and had signed the contract agreeing to this, it is a binding contract and will stand up in court.
As hard as it is sometimes to not let people like that get to you, try not to let it bother you. I agree also that if you send a certified letter stating you are willing to let the day go in which you had the appointment for your son that they owe you every single thing you BOTH agreed upon.
You're trying to work with them and they are being selfish, rude, and plain outright mean. That's their problem...don't let it be yours.
Legally he does not stand a chance. If it's in your contract that you do not give credit for days not in care and they chose to not have him in care and had signed the contract agreeing to this, it is a binding contract and will stand up in court.
As hard as it is sometimes to not let people like that get to you, try not to let it bother you. I agree also that if you send a certified letter stating you are willing to let the day go in which you had the appointment for your son that they owe you every single thing you BOTH agreed upon.
You're trying to work with them and they are being selfish, rude, and plain outright mean. That's their problem...don't let it be yours.
wahmof3 03:48 PM 03-05-2013
GOOD FOR YOU FOR STICKING TO YOUR CONTRACT!!! 
I had this happen last year. DCD was ticked bc I asked them to let me know when they were going to be bringing DCK early (many many times I told them a quick text is sufficient)
DCD flipped out and pulled his son and then called and screamed at me. I kept calm and said you owe me $375 paid by money order by that evening. That covers the week of care plus 2 weeks notice. If I don't have it by 5pm I will take it to small claims court. He continued to bash me and my services. About an hour later a money order was in my mailbox.
All of this was over a simple act of respect... smh.
It might not feel like it now, but you did good. It amazes me in this business how true colors show when these parents don't get their way
I had this happen last year. DCD was ticked bc I asked them to let me know when they were going to be bringing DCK early (many many times I told them a quick text is sufficient)
DCD flipped out and pulled his son and then called and screamed at me. I kept calm and said you owe me $375 paid by money order by that evening. That covers the week of care plus 2 weeks notice. If I don't have it by 5pm I will take it to small claims court. He continued to bash me and my services. About an hour later a money order was in my mailbox.
All of this was over a simple act of respect... smh.
It might not feel like it now, but you did good. It amazes me in this business how true colors show when these parents don't get their way
MNMum 06:45 PM 03-05-2013
How awful. You were in the right. Neither parent should have spoken to you in this way.