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Daycare Center and Family Home Forum>Unbelievable Decision In A Provider's Small Claims Case!
melilley 10:40 AM 02-12-2015
I am a member of a fb page for provider's in my state. One of the provider's went to small claims court to recover lost monies from a dcf that left owing her money. Well, the dcp's ended up counter suing the provider for the cost of having to take their children to a different daycare from the hours of 3:30 until 6pm because the provider would be over after 3:30 because of the age groups we can have here and after school kids took that spot, and they won! 
The judge ruled in the dcp's favor because he said she is open until 6 so they should be able to use those hours not matter the kids age. She also said the dcd worked thirds so he was home during those hours! The provider even had a contract that stated the hours that the parents agreed to and the judge didn't care, he just threw her case out! Now she has to pay the dcp's money for "lost wages". She's talking to her lawyer, I hope something happens.
I am just in shock. I can't believe the dcp's won the case, it makes no sense to me. I'm going to court next month and cases like this makes me nervous!
The judge ruled in the dcp's favor because he said she is open until 6 so they should be able to use those hours not matter the kids age. She also said the dcd worked thirds so he was home during those hours! The provider even had a contract that stated the hours that the parents agreed to and the judge didn't care, he just threw her case out! Now she has to pay the dcp's money for "lost wages". She's talking to her lawyer, I hope something happens.
I am just in shock. I can't believe the dcp's won the case, it makes no sense to me. I'm going to court next month and cases like this makes me nervous!
Thriftylady 10:45 AM 02-12-2015
Unbelievable!!! So our contracts are not worth they paper they are written on?
Play Care 10:45 AM 02-12-2015
That does sound crappy! Hopefully she can appeal.
I wonder what Tom Copelands take on this is?
I also wonder if she discounted the parents? I don't discount if the parent chooses half days, but I would probably discount if I needed them to, KWIM? Might be something to think about for future reference.
I wonder what Tom Copelands take on this is?
I also wonder if she discounted the parents? I don't discount if the parent chooses half days, but I would probably discount if I needed them to, KWIM? Might be something to think about for future reference.
Heidi 10:47 AM 02-12-2015
Sounds to me like something in the provider's paperwork was either not right, or miscomumnicated.
I hope it will get straightened out with the help of an attorney.
I hope it will get straightened out with the help of an attorney.
Blackcat31 10:53 AM 02-12-2015
Originally Posted by melilley:
I am a member of a fb page for provider's in my state. One of the provider's went to small claims court to recover lost monies from a dcf that left owing her money. Well, the dcp's ended up counter suing the provider for the cost of having to take their children to a different daycare from the hours of 3:30 until 6pm because the provider would be over after 3:30 because of the age groups we can have here and after school kids took that spot, and they won!
The judge ruled in the dcp's favor because he said she is open until 6 so they should be able to use those hours not matter the kids age. She also said the dcd worked thirds so he was home during those hours! The provider even had a contract that stated the hours that the parents agreed to and the judge didn't care, he just threw her case out! Now she has to pay the dcp's money for "lost wages". She's talking to her lawyer, I hope something happens.
I am just in shock. I can't believe the dcp's won the case, it makes no sense to me. I'm going to court next month and cases like this makes me nervous!
Hmm, I question the validity if this story as this is the 3rd different version of something like this happening that has been posted on different boards within the last few days. I am a member of a fb page for provider's in my state. One of the provider's went to small claims court to recover lost monies from a dcf that left owing her money. Well, the dcp's ended up counter suing the provider for the cost of having to take their children to a different daycare from the hours of 3:30 until 6pm because the provider would be over after 3:30 because of the age groups we can have here and after school kids took that spot, and they won!
The judge ruled in the dcp's favor because he said she is open until 6 so they should be able to use those hours not matter the kids age. She also said the dcd worked thirds so he was home during those hours! The provider even had a contract that stated the hours that the parents agreed to and the judge didn't care, he just threw her case out! Now she has to pay the dcp's money for "lost wages". She's talking to her lawyer, I hope something happens.
I am just in shock. I can't believe the dcp's won the case, it makes no sense to me. I'm going to court next month and cases like this makes me nervous!
One version was the provider was Canadian and the parents countersued the provider for calling CAS (Canadian version of CPS) and the provider now owes the parents $13,000....
Another version I heard was similar to the one you posted but the reasons the judge gave for awarding the family money was the provider did not follow her own contract and give the parents proper notice of the need to change hours due to ratios.
A third version circulating has the provider terming immediately and the parents not being able to find alternate care on such notice (more than one kid and difficult ages to find care for) and the parent won payment due to lost wages AND their 2 week notice money back because they weren't able to actually use the final two weeks.
Sooo, IF this story is actually true...I would like to see the "whole" story and not just the providers version.... but BOTH sides of it. I think the saying goes..."There is 3 sides to every story. Provider's side. Parent's side and the truth.
Also, if the story is true..... the people it actually involves should be aware of the other "versions" being passed around.
melilley 11:09 AM 02-12-2015
Originally Posted by Blackcat31:
Hmm, I question the validity if this story as this is the 3rd different version of something like this happening that has been posted on different boards within the last few days.
One version was the provider was Canadian and the parents countersued the provider for calling CAS (Canadian version of CPS) and the provider now owes the parents $13,000....
Another version I heard was similar to the one you posted but the reasons the judge gave for awarding the family money was the provider did not follow her own contract and give the parents proper notice of the need to change hours due to ratios.
A third version circulating has the provider terming immediately and the parents not being able to find alternate care on such notice (more than one kid and difficult ages to find care for) and the parent won payment due to lost wages AND their 2 week notice money back because they weren't able to actually use the final two weeks.
Sooo, IF this story is actually true...I would like to see the "whole" story and not just the providers version.... but BOTH sides of it. I think the saying goes..."There is 3 sides to every story. Provider's side. Parent's side and the truth.
Also, if the story is true..... the people it actually involves should be aware of the other "versions" being passed around.
Hmmm who knows. Yes there are sides to every story, who knows if her contract was what she says. Hmm, I question the validity if this story as this is the 3rd different version of something like this happening that has been posted on different boards within the last few days.
One version was the provider was Canadian and the parents countersued the provider for calling CAS (Canadian version of CPS) and the provider now owes the parents $13,000....
Another version I heard was similar to the one you posted but the reasons the judge gave for awarding the family money was the provider did not follow her own contract and give the parents proper notice of the need to change hours due to ratios.
A third version circulating has the provider terming immediately and the parents not being able to find alternate care on such notice (more than one kid and difficult ages to find care for) and the parent won payment due to lost wages AND their 2 week notice money back because they weren't able to actually use the final two weeks.
Sooo, IF this story is actually true...I would like to see the "whole" story and not just the providers version.... but BOTH sides of it. I think the saying goes..."There is 3 sides to every story. Provider's side. Parent's side and the truth.
Also, if the story is true..... the people it actually involves should be aware of the other "versions" being passed around.
You have probably read the post I'm talking about, I think we are a member of one of the same groups. I thought it was a group from my state, but it's for providers wherever...oops. The provider is from my state though, I just got groups mixed up.
I always tend to believe a lot of what people say. That's one of my weaknesses that I'm working on.
I was just shocked when I read it.
Blackcat31 11:59 AM 02-12-2015
Originally Posted by melilley:
Hmmm who knows. Yes there are sides to every story, who knows if her contract was what she says.
You have probably read the post I'm talking about, I think we are a member of one of the same groups. I thought it was a group from my state, but it's for providers wherever...oops. The provider is from my state though, I just got groups mixed up.
I always tend to believe a lot of what people say. That's one of my weaknesses that I'm working on. I was just shocked when I read it.
I was too but the one thing that has me leaning towards this being untrue is that in one of the groups I am in, someone asked for a link or a photocopy of the judgment/notice and the poster immediately changed the story from "This happened to me" to "A friend of a friend of a friend"....Hmmm who knows. Yes there are sides to every story, who knows if her contract was what she says.
You have probably read the post I'm talking about, I think we are a member of one of the same groups. I thought it was a group from my state, but it's for providers wherever...oops. The provider is from my state though, I just got groups mixed up.
I always tend to believe a lot of what people say. That's one of my weaknesses that I'm working on.
I was just shocked when I read it.I am NOT saying the story you read is not true.....just sharing that I have read several VERY similar posts recently so I am inclined to question.
The story you read could very well be true and it just so happened to happen during a time when other "stories" are circulating...kwim?
melilley 12:01 PM 02-12-2015
Originally Posted by Blackcat31:
I was too but the one thing that has me leaning towards this being untrue is that in one of the groups I am in, someone asked for a link or a photocopy of the judgment/notice and the poster immediately changed the story from "This happened to me" to "A friend of a friend of a friend"....
I am NOT saying the story you read is not true.....just sharing that I have read several VERY similar posts recently so I am inclined to question.
The story you read could very well be true and it just so happened to happen during a time when other "stories" are circulating...kwim?
Nice. I can't believe they changed their story. I was too but the one thing that has me leaning towards this being untrue is that in one of the groups I am in, someone asked for a link or a photocopy of the judgment/notice and the poster immediately changed the story from "This happened to me" to "A friend of a friend of a friend"....
I am NOT saying the story you read is not true.....just sharing that I have read several VERY similar posts recently so I am inclined to question.
The story you read could very well be true and it just so happened to happen during a time when other "stories" are circulating...kwim?
Who knows. Maybe it's true, maybe not. If it is, it's messed up.
Blackcat31 12:03 PM 02-12-2015
Originally Posted by melilley:
Nice. I can't believe they changed their story.
Who knows. Maybe it's true, maybe not. If it is, it's messed up.
Nice. I can't believe they changed their story.
Who knows. Maybe it's true, maybe not. If it is, it's messed up.
this whole Brian Williams thing has me a bit jaded I guess... 