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  #1  
Old 05-20-2018, 02:29 PM
PENSKE
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Thumbs down What To Do? - Shut Down Without A Prior Notice

Hello all,

My son started about a year ago at a home-based daycare where our best friend strongly recommended. We liked it until the place suddenly got listed as inactive a month ago without a prior notice. (due to her worsened health conditions) Since the owner did not leave any recommendation for subsequent childcare after her shut down, we were left in a chaos juggling our work, daily life, and starting from scratch to find an alternative care for my son. We are completely confused, stressed and exhausted. As much as we valued her for what she's done for a year, we are feeling like we cannot close this without something being done other than just an apology.

While going through the original agreement between us and the owner, we found a stipulation that says "Both parties agree to give 90-day written notice if childcare is to be terminated. Notice of less than 90 days will result in a payment of tuition for 90 days". I understood that this is applicable for both ends - the owner and ourselves.

Question for you all here - is there any recommendation as to what to do/how to deal with this situation other than just taking the agreement up to her and ask for the financial compensation? We are talking to the local government agency to get their input at the same time. We might need to end up taking the case to the court, but we also would like to avoid it since it is money, time and energy draining.

Thanks for your great input in advance!
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  #2  
Old 05-20-2018, 03:04 PM
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I guess I don't understand what your issue is beyond the fact that your provider may have closed without warning.

You haven't been there for a month?

You said she had health problems. Has she communicated with you to what her status is at all during this month that she's been closed?
Is she closed of her own accord or was she shut down by DHS?

How much have you paid her that you haven't USED in services?
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  #3  
Old 05-20-2018, 08:05 PM
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I am also confused as to what legal action you could possibly want to be taking. Did you prepay for a bunch of weeks and you are trying to get money back? Is she still expecting you to pay for services she canít give? Iím confused to where the issue is and I am thinking we need more information. She canít help it that her health declined and it isnít her job to help you find alternative care. If she physically canít work end of story no matter what her policy says.
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Old 05-21-2018, 02:21 AM
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I don't get it either. Do you want monies back that you already paid but didn't receive services? Was there anything written about immediate termination due to certain reasons?

My first thought was, you must not have valued the care she gave your child for a year all that much. Being a provider, I feel badly for both sides but tend to have empathy for an ailing provider who just cannot work anymore due to their health, if that's indeed what happened. And sometimes those things can unfortunately happen quickly. And here you have a provider with a worsening health condition that you mentioned dragging through court, if needed.
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  #5  
Old 05-21-2018, 04:31 AM
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Quote:
Originally Posted by PENSKE View Post
Hello all,

My son started about a year ago at a home-based daycare where our best friend strongly recommended. We liked it until the place suddenly got listed as inactive a month ago without a prior notice. (due to her worsened health conditions) Since the owner did not leave any recommendation for subsequent childcare after her shut down, we were left in a chaos juggling our work, daily life, and starting from scratch to find an alternative care for my son. We are completely confused, stressed and exhausted. As much as we valued her for what she's done for a year, we are feeling like we cannot close this without something being done other than just an apology.

While going through the original agreement between us and the owner, we found a stipulation that says "Both parties agree to give 90-day written notice if childcare is to be terminated. Notice of less than 90 days will result in a payment of tuition for 90 days". I understood that this is applicable for both ends - the owner and ourselves.

Question for you all here - is there any recommendation as to what to do/how to deal with this situation other than just taking the agreement up to her and ask for the financial compensation? We are talking to the local government agency to get their input at the same time. We might need to end up taking the case to the court, but we also would like to avoid it since it is money, time and energy draining.

Thanks for your great input in advance!
I was a provider that had to shut with no notice 3 months ago, due to health (I was admitted to the hospital for 3 weeks & told I couldn't work for another 2 months after); My parents pay by the month & only lost 3 days of paid care because it was end of month - that said, at the end of my termination paragraph, my contract states that I reserve the right to terminate contract with little or no notice without refund because of uncontrollable circumstances including severe illness or Acts of God. 


I don't understand what you are asking her for if she can't provide care due to health issues, unless you prepaid weeks and weeks in advance. My families juggled care for 2 weeks until we found out I wasn't able to re-open once I came home and we mutually decided to have them find other care due to circumstances, but they had to locate the care, not me.
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  #6  
Old 05-21-2018, 04:44 AM
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Originally Posted by PENSKE View Post
the place suddenly got listed as inactive a month ago without a prior notice. (due to her worsened health conditions)

Question for you all here - is there any recommendation as to what to do/how to deal with this situation
Behave with empathy as a human being? Realize this woman just lost her health, stability and full income.

Are you not capable of looking up childcare providers in your town? Are you helpless?

I can't even believe this is a real question. Are you really this selfish and entitled?
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  #7  
Old 05-21-2018, 05:10 AM
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Quote:
Originally Posted by PENSKE View Post
Hello all,

My son started about a year ago at a home-based daycare where our best friend strongly recommended. We liked it until the place suddenly got listed as inactive a month ago without a prior notice. (due to her worsened health conditions) Since the owner did not leave any recommendation for subsequent childcare after her shut down, we were left in a chaos juggling our work, daily life, and starting from scratch to find an alternative care for my son. We are completely confused, stressed and exhausted. As much as we valued her for what she's done for a year, we are feeling like we cannot close this without something being done other than just an apology.

While going through the original agreement between us and the owner, we found a stipulation that says "Both parties agree to give 90-day written notice if childcare is to be terminated. Notice of less than 90 days will result in a payment of tuition for 90 days". I understood that this is applicable for both ends - the owner and ourselves.

Question for you all here - is there any recommendation as to what to do/how to deal with this situation other than just taking the agreement up to her and ask for the financial compensation? We are talking to the local government agency to get their input at the same time. We might need to end up taking the case to the court, but we also would like to avoid it since it is money, time and energy draining.

Thanks for your great input in advance!
I just re-read this and you plan on taking her to court for financial compensation? Usually the payment part is geared towards parents paying the provider, not the other way around and 90 days is extreme... I seriously doubt you would get $$ due to her having health issues and not being able to work without warning. Also, is that how you really want to end the relationship seeing as she provided good care? Find new care and let the issue drop.
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  #8  
Old 05-21-2018, 06:39 AM
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I had to close with no notice.I had a heart attack at the end of the month in Feb 2015.The uncertainty of when I would be well enough to reopen caused me to close.I did not collect sick days or vacation time .I could have but felt bad enough closing.I felt that the children needed to move on .I felt that it was in their best interest to settle in while I recuperated.I can tell you most likely the provider is pretty upset by this.We do have an attachment to our DCK's and I was very upset to loose them.It looks like you may be able to pursue some money.Is that what you think is right.Sure you are in a situation you didn't count on,but so is she.What if it was a sudden death would you go after thefamily.It is tough for you to find care but at the end of the day its your child.Don't let this ruin the last year of care.Stuff happens at least your child is older now maybe a preschool will work out.
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  #9  
Old 05-21-2018, 06:48 AM
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Quote:
Originally Posted by PENSKE View Post
Hello all,

*My son started about a year ago at a home-based daycare where our best friend strongly recommended.

*Since the owner did not leave any recommendation for subsequent childcare after her shut down

*We might need to end up taking the case to the court, but we also would like to avoid it since it is money, time and energy draining.

If you are planning on taking the owner to court for not recommending subsequent child care for will you be filing that case before or after you take your best friend to court for recommending this caregiver in the first place?
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  #10  
Old 05-21-2018, 09:03 AM
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Default Ridiculous

This is why dealing with parents is the worst part of the job. The provider is ill, can no longer work. ( will probably have financial problems and instability because she can no longer work) and you are planning on taking her to court ? kind of pathetic and seems like your just acting on impulse and anger . I agree with previous post that you obviously didn't value her at all if your planning on taking her to court.

How about you google other daycares, and leave the poor provider alone.
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  #11  
Old 05-21-2018, 10:14 AM
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Quote:
Originally Posted by PENSKE View Post
Hello all,

My son started about a year ago at a home-based daycare where our best friend strongly recommended. We liked it until the place suddenly got listed as inactive a month ago without a prior notice. (due to her worsened health conditions) Since the owner did not leave any recommendation for subsequent childcare after her shut down, we were left in a chaos juggling our work, daily life, and starting from scratch to find an alternative care for my son. We are completely confused, stressed and exhausted. As much as we valued her for what she's done for a year, we are feeling like we cannot close this without something being done other than just an apology.

While going through the original agreement between us and the owner, we found a stipulation that says "Both parties agree to give 90-day written notice if childcare is to be terminated. Notice of less than 90 days will result in a payment of tuition for 90 days". I understood that this is applicable for both ends - the owner and ourselves.

Question for you all here - is there any recommendation as to what to do/how to deal with this situation other than just taking the agreement up to her and ask for the financial compensation? We are talking to the local government agency to get their input at the same time. We might need to end up taking the case to the court, but we also would like to avoid it since it is money, time and energy draining.

Thanks for your great input in advance!
Find another provider and leave he alone. I'm sure she wanted to get sick. You sound like a major a$$hole. Sorry but you aren't getting 3 months worth of money for daycare. The line in the contract sounds like you would have to pay that if you didn't give notice.
She owes you nothing.
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  #12  
Old 05-21-2018, 10:39 AM
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Wait a minute here.
You don't expect her to reimburse you for money you paid, you expect HER to pay YOU 90 days of tuition because she had to unexpectedly close without notice and could no longer provide services?
Is that what this is about???

Wow. That is the most ludicrous thing I've ever heard of.


That's just not how the service industry works.

She's no longer able to perform services. End of story.
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  #13  
Old 05-21-2018, 03:36 PM
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Quote:
Originally Posted by Snowmom View Post
Wait a minute here.
You don't expect her to reimburse you for money you paid, you expect HER to pay YOU 90 days of tuition because she had to unexpectedly close without notice and could no longer provide services?
Is that what this is about???

Wow. That is the most ludicrous thing I've ever heard of.


That's just not how the service industry works.

She's no longer able to perform services. End of story.
Oh good gracious, I wasn't even thinking along those lines. Was that what the poster was suggesting?? If so, that's totally wrong, selfish and thoughtless. Plus OP would be laughed out of court.
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  #14  
Old 05-21-2018, 03:55 PM
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Originally Posted by Snowmom View Post
Wait a minute here.
You don't expect her to reimburse you for money you paid, you expect HER to pay YOU 90 days of tuition because she had to unexpectedly close without notice and could no longer provide services?
Is that what this is about???


Wow. That is the most ludicrous thing I've ever heard of.


That's just not how the service industry works.

She's no longer able to perform services. End of story.

This is what I gathered too when reading this.

And I have no words at the complete audacity, if this is the case.
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  #15  
Old 05-21-2018, 06:27 PM
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Quote:
Originally Posted by Snowmom View Post
Wait a minute here.
You don't expect her to reimburse you for money you paid, you expect HER to pay YOU 90 days of tuition because she had to unexpectedly close without notice and could no longer provide services?
Is that what this is about???

Wow. That is the most ludicrous thing I've ever heard of.


That's just not how the service industry works.

She's no longer able to perform services. End of story.
That's what I got from it too. And if that's the case, I can't believe someone actually thinks it works that way. In my case, three months worth of compensation would be close to $3,000! If a parent paid me that amount of money, they would be entitled to that amount of daycare availability, 3 months. But if I were to pay the parents, what do I get for it? If their child goes on to earn a huge salary, are they going to send me a percentage of that? If I recommend someone to provide care and they excel there, do I get a finder's fee? After all, I had a minuscule part in their upbringing so apparently I'm responsible for their overall well-being and future. or at least finacially.
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Old 05-22-2018, 03:58 AM
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That's what I got from it too. And if that's the case, I can't believe someone actually thinks it works that way. In my case, three months worth of compensation would be close to $3,000! If a parent paid me that amount of money, they would be entitled to that amount of daycare availability, 3 months. But if I were to pay the parents, what do I get for it? If their child goes on to earn a huge salary, are they going to send me a percentage of that? If I recommend someone to provide care and they excel there, do I get a finder's fee? After all, I had a minuscule part in their upbringing so apparently I'm responsible for their overall well-being and future. or at least finacially.
EXACTLY!
I cannot believe people like this actually exist. Sorry you feel inconvenienced but it happens. Let's say your provider passed away. Are you going to sue her family and estate because she died and you no longer have access to care?
I seriously doubt you have a case. Find a new daycare and move on with your life.
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Old 05-22-2018, 09:19 AM
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We might need to end up taking the case to the court, but we also would like to avoid it since it is money, time and energy draining.
Additionally, you should not go to court to avoid being a nightmare of a human being.

I think in-home care is amazing, but there is always an eliminate of unpredictability when you are relying on one provider. I get that you wanted more notice; I'm sure she wanted good health. My advice is move on and enroll your child in a center.
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Old 05-22-2018, 11:35 AM
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That's a very poorly written notice policy. I've never heard of a 90 day notice for parents much less a 90 day notice for both parties.

I think you have a case. I don't know for sure because I can't see the rest of her policies.

I don't have a notice policy that I must abide by because so many things could happen that would cause me to term a parent or something unforseen like a fire, illness, family illness, closure by dhs, death of a child in my care etc.
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Old 05-22-2018, 01:22 PM
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That's a very poorly written notice policy. I've never heard of a 90 day notice for parents much less a 90 day notice for both parties.

I think you have a case. I don't know for sure because I can't see the rest of her policies.

I don't have a notice policy that I must abide by because so many things could happen that would cause me to term a parent or something unforseen like a fire, illness, family illness, closure by dhs, death of a child in my care etc.
I had the same thought, this is either a VERY bad policy or the family is reading the policy wrong. If they are in fact reading it correctly, you have to wonder what the provider was thinking

Even is this was the policy, I doubt I would act on it though. If the woman is sick I would try to have a little understanding and move on!
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Old 05-22-2018, 02:19 PM
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Wink Sweety, really?

Sweety, imagine how you would feel if you or your husband became I'll and had to terminate chilcare, and imagine you were the one who was asked to pay 3 months of child care. You reap what you sew, be careful.

We get back from the universe what we put in, and do you really want to add to your stress a court case? Have you ever had to deal with that? It's absolute he'll. Save yourself a headache. After all, your not losing anything in this except maybe going through a transition.

Life is change, and it's healthier to see change as a blessing, and natural part of life, that opens new doors, rather than trying to point fingers and blame.

Good luck.
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Old 05-22-2018, 02:21 PM
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I read it no differently than the rest of us state our policies for withdrawal.
I agree to give my parents two weeks notice if I am going to terminate their services. (except for cases of immediate termination)
If parents do not provide a two week notice of withdrawal they are still expected to pay for the two weeks.
I think the parent in this case is simply misunderstanding the way the provider has it written.

Honestly I highly doubt the provider meant she would pay the parents anything.... that makes zero sense and isnít even logical.
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Old 05-22-2018, 06:41 PM
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I don't know what kind of responses you were expecting, but the way your post is written, makes you sound like a very cold hearted person. I don't know what that provider's exact policies are, but I guarantee she didn't mean it to be she'd be paying you! I get being refunded for any services you paid for and did not receive. Most of us providers would feel absolutely horrible for having to close with no notice. But we'd still offer to reimburse you for services paid for but not received. Perhaps the responses would have gone more in your favor, if you posted this is on the parent page instead of the provider page. But hell, even non providers see this as you being incredibly heartless.
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Old 05-23-2018, 04:02 AM
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Quote:
Originally Posted by Blackcat31 View Post
I read it no differently than the rest of us state our policies for withdrawal.
I agree to give my parents two weeks notice if I am going to terminate their services. (except for cases of immediate termination)
If parents do not provide a two week notice of withdrawal they are still expected to pay for the two weeks.
I think the parent in this case is simply misunderstanding the way the provider has it written.

Honestly I highly doubt the provider meant she would pay the parents anything.... that makes zero sense and isnít even logical.
I doubt it is written EXACTLY as they typed it here. If so it is poorly written but I do not see it that the daycare would pay them for 90 days.
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Old 05-23-2018, 08:20 AM
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Let's talk about that stipulation. Most providers have a minimum notification requirement when parents terminate care. The reason for this is because we want to discourage parents from using us and then leaving us high and dry. As a provider, having a few weeks notice gives us a heads up so that we may have time to fill the spot and in turn, lose only a little, if any, income. There are usually lots of providers but not enough children to go around. Childcare providers start using that time to advertise, send out feelers for childcare need, and contact their local Child Care Reference and Referral to let them know to send potential parents their way. Most states have very strict ratio regulations for adult:children, so giving the notification allows us to keep the ratios appropriate. I have a feeling that her stray from the usual 2 weeks notice to 90 days notice is to deter people from leaving without informing her. Anytime a child leaves, it's not only an emotional hole for us, but a financial one, as well.

I do not believe that this 90 day policy was meant to be a 2 way street.

Read more into the policies, but even more importantly, the contract. If she says anywhere that she reserves to right to terminate for any reason without notice, you don't have a case.

If you have paid ahead, you may claim the monies for that. Going after more than that is most likely a waste of your time and money.
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  #25  
Old 06-16-2018, 09:24 AM
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Provider here. I think if asked, she should honor her contract. Why would she write such a contract? Also, if she was posting and OP was sick, you wolves would be telling her to take him to court. Yet another example of hypocrisy from this forum.
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Old 06-16-2018, 10:33 AM
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Quote:
Originally Posted by PENSKE View Post
Hello all,

My son started about a year ago at a home-based daycare where our best friend strongly recommended. We liked it until the place suddenly got listed as inactive a month ago without a prior notice. (due to her worsened health conditions) Since the owner did not leave any recommendation for subsequent childcare after her shut down, we were left in a chaos juggling our work, daily life, and starting from scratch to find an alternative care for my son. We are completely confused, stressed and exhausted. As much as we valued her for what she's done for a year, we are feeling like we cannot close this without something being done other than just an apology.

While going through the original agreement between us and the owner, we found a stipulation that says "Both parties agree to give 90-day written notice if childcare is to be terminated. Notice of less than 90 days will result in a payment of tuition for 90 days". I understood that this is applicable for both ends - the owner and ourselves.


No, you didn't. You're looking to make someone pay for inconveniencing you. NO ONE would expect this from a business they contracted with. If you did expect 90 days' worth of tuition, her share would come out to ZERO, because that is that she normally would have paid you over that period. A judge would laugh you out of court, I guarantee.

The purpose of that, as you darn well know, was for you to give notice to her, so that she had time to replace your child, should you leave.

My advice to you: Be a decent human being and stop feeling entitled. Move on.


Question for you all here - is there any recommendation as to what to do/how to deal with this situation other than just taking the agreement up to her and ask for the financial compensation? We are talking to the local government agency to get their input at the same time. We might need to end up taking the case to the court, but we also would like to avoid it since it is money, time and energy draining.

Thanks for your great input in advance!
My response is in blue above.
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