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Parents and Guardians Forum>Leaving Dayhome 30 Days Notice
Dmundz 06:53 PM 02-27-2019
Hey there. I am currently having to leave my dayhome due to starting a new job middle of next month. my contract when we started 4 years ago stated we must give 3 months notice but I reasonably can't do that. What do I do??? I cannot have afford paying for two different dayhome as the one I'm leaving cannot accommodate my work hours anymore. I will post a pic of contract once I figure out how
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Dmundz 07:46 PM 02-27-2019
Can't seem to link contract but it says

Termination of childcare.

I must require 3 months notice if you wish to end child care. Notice must be given prior to starting the month.

Additionally there are no dates on the contract and no listing of penalties if breaking contract early.

Mind you I am still more then willing to pay for 1 months fees. As I could still make things work for this month.
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Michael 09:01 PM 02-27-2019
Welcome to the forum. Try uploading again. I upgraded your status. If you still have an issue, email it to me at director@daycare.com
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Dmundz 09:25 PM 02-27-2019
Thanks!

Looks like it works now.
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Dmundz 09:36 PM 02-27-2019
Thanks!

Looks like it works now. Again I would prefer not to leave on bad terms since we have enjoyed her watching our son but I don't know what I'm responsible for.
Attached: 20190227_185703.jpg (358.2 KB) 
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hwichlaz 09:44 PM 02-27-2019
You're responsible for what you signed, period.

However, it doesn't hurt to talk to her about it.
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Michael 09:48 PM 02-27-2019
Originally Posted by hwichlaz:
You're responsible for what you signed, period.

However, it doesn't hurt to talk to her about it.
I agree. The contract can be used in small claims. I would tell the owner of your situation and hope she is willing to let you out earlier.
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Dmundz 10:06 PM 02-27-2019
Should the contract not say what penalties there are though? And is 90 days normal?
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Michael 02:30 AM 02-28-2019
It would appear you would owe 8 weeks after your 4 week notice. 90 days is a long period but you signed the arrangement. If you end up in small claims and don’t want to pay the 8 weeks possibly the judge will give you relief. Hopefully your provider will work with you.
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Blackcat31 07:17 AM 02-28-2019
Originally Posted by Dmundz:
Should the contract not say what penalties there are though? And is 90 days normal?
I don't think there are any penalties for not paying or giving that amount of notice. You signed agreeing to pay that.
The penalty would probably be some sort of collections or legal attempt to collect on the remaining balance if you didn't pay it.

As for 90 days being normal, no. I don't think 90 days is normal at all. Maybe in your area but from my experience most providers, at least here in the U.S. require 2 weeks or 30 days. Most Canadian providers I know require 30 days.

This is the first time I've heard of a provider that requires 90 days notice. That's a tough one but one you unfortunately agreed to.

I would absolutely try discussing it with your provider though. If she is in the position to fill your vacancy immediately she may be willing to work with you.

It's not always about the money but more about the relationship you have with her, communication and her ability to continue supporting her family despite her clients needs/changes.

Good luck and please keep us posted.... I'm curious now as to how your provider responds if you decide to discuss this with her verses just paying for the full notice period.
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Cat Herder 07:26 AM 02-28-2019
I agree, 90 days is pretty harsh but we don't know how difficult it is to fill slots there. If your area is extremely rural she may have had to make this policy in order to continue feeding her family until a slot fills. I know providers who have had open slots for over a year and are in danger of closing. That means parents in her community will have fewer local options for care. My own wait list is over two years, parents are desperate for care, here, because so many closed their doors. The time to question it would have been before signing it.
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springv 10:37 AM 02-28-2019
We require a 2 week notice at our center regardless of circumstances
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Snowmom 01:55 PM 02-28-2019
Originally Posted by Dmundz:
Should the contract not say what penalties there are though? And is 90 days normal?
What may be "normal" for one provider may not be "normal" for another. Each business owner chooses policies that work for them and typically they revolve around what the market in their area will support.

As others said, it's best to start up a dialogue with your provider to see what he/she finds acceptable. You may be surprised if you approach it in a friendly manner. I certainly wouldn't go into the conversation with the mindset that "other people don't do this, so you shouldn't either"... if you know what I mean. Just approach it honestly and compassionately. Either way though, you did agree to the terms of the contract, so I would expect to have to honor those terms unless you can come to an agreement for an alternative solution together.
Good luck.
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Meeko 09:42 AM 03-02-2019
I would be more concerned that the contract states that children are given lunch and two SNAKES each day........LOL...sorry...couldn't resist.

The contract doesn't state anything other than the three month requirement. I am going to assume she may use collections or small claims if clients decide not to abide by the contract.

I personally feel that three months is an excessive amount of notice... BUT.....you agreed to it when you signed the contract.

Maybe talk to her and see if she is willing to budge, but she is under no obligation to do so.
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Cat Herder 05:26 AM 03-04-2019
Originally Posted by Meeko:
I would be more concerned that the contract states that children are given lunch and two SNAKES each day........LOL...sorry...couldn't resist.
I missed that. Too funny.

Good morning, Meeko.
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Mom2Two 12:43 PM 03-08-2019
If 90 days isn't normal, I would say that it might be good to become a more savvy consumer. That does seem harsh. You could call around and find out some info.

You did sign the contract, but that doesn't mean that you have no clout. If the provider won't be understanding, you can always let others know the facts of your experience. I don't mean to be a witch, but if she advertises on a place where you can leave feedback or if you have a parent forum that you participate on, you can let others know to not get their foot in the same trap as you.

But only say the facts. There would be potential legal problems from giving an emotional opinion about her business practices.

It's true that you did sign the contract, but also you are not responsible for market conditions in your area. You are not responsible for what the provider chooses to do for a living, so I wouldn't worry about that aspect of it.
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Hunni Bee 01:38 PM 03-11-2019
Originally Posted by Meeko:
I would be more concerned that the contract states that children are given lunch and two SNAKES each day........LOL...sorry...couldn't resist.

The contract doesn't state anything other than the three month requirement. I am going to assume she may use collections or small claims if clients decide not to abide by the contract.

I personally feel that three months is an excessive amount of notice... BUT.....you agreed to it when you signed the contract.

Maybe talk to her and see if she is willing to budge, but she is under no obligation to do so.
I consider two snakes to be excessive. I usually try to stick to just one. Don't wanna waste my snakes.
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Cat Herder 01:50 PM 03-11-2019
Originally Posted by Mom2Two:
you can always let others know the facts of your experience. I don't mean to be a witch, but if she advertises on a place where you can leave feedback or if you have a parent forum that you participate on, you can let others know to not get their foot in the same trap as you.
I'd be careful with that, though. Providers also have the ability to blacklist. We all belong to one association or another. ex: Providerwatch.
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storybookending 06:26 PM 03-11-2019
Interested to see if this was resolved
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Snowmom 10:02 AM 03-12-2019
Originally Posted by Mom2Two:
If 90 days isn't normal, I would say that it might be good to become a more savvy consumer. That does seem harsh. You could call around and find out some info.

You did sign the contract, but that doesn't mean that you have no clout. If the provider won't be understanding, you can always let others know the facts of your experience. I don't mean to be a witch, but if she advertises on a place where you can leave feedback or if you have a parent forum that you participate on, you can let others know to not get their foot in the same trap as you.

I'm sorry, but I don't understand what you're inferring here.
Or at least I'm hoping I don't understand.

Are you saying he/she should threaten a bad review to get their way?

Originally Posted by Mom2Two:
But only say the facts. There would be potential legal problems from giving an emotional opinion about her business practices.

It's true that you did sign the contract, but also you are not responsible for market conditions in your area. You are not responsible for what the provider chooses to do for a living, so I wouldn't worry about that aspect of it.
The facts also suggest the OP had opportunity to read the contract and BE an informed consumer before agreeing to enter into a business relationship. Why was 3 months notice acceptable 4 years ago but not now when it actually applies to her/him?

Throwing an online tantrum and essentially trashing someone who cared for your child for 4 years... just because you didn't feel like her exiting policies (that you agreed to) are fair is absolutely ludicrous. It would show more about your lack of character rather than her unwillingness to break her own contract.
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e.j. 06:35 PM 03-12-2019
Originally Posted by Snowmom:

I'm sorry, but I don't understand what you're inferring here.
Or at least I'm hoping I don't understand.

Are you saying he/she should threaten a bad review to get their way?



The facts also suggest the OP had opportunity to read the contract and BE an informed consumer before agreeing to enter into a business relationship. Why was 3 months notice acceptable 4 years ago but not now when it actually applies to her/him?

Throwing an online tantrum and essentially trashing someone who cared for your child for 4 years... just because you didn't feel like her exiting policies (that you agreed to) are fair is absolutely ludicrous. It would show more about your lack of character rather than her unwillingness to break her own contract.

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Mom2Two 02:22 PM 03-15-2019
Originally Posted by Snowmom:

I'm sorry, but I don't understand what you're inferring here.
Or at least I'm hoping I don't understand.

Are you saying he/she should threaten a bad review to get their way?



The facts also suggest the OP had opportunity to read the contract and BE an informed consumer before agreeing to enter into a business relationship. Why was 3 months notice acceptable 4 years ago but not now when it actually applies to her/him?

Throwing an online tantrum and essentially trashing someone who cared for your child for 4 years... just because you didn't feel like her exiting policies (that you agreed to) are fair is absolutely ludicrous. It would show more about your lack of character rather than her unwillingness to break her own contract.

No, I meant what I wrote--to not be a witch. I don't know the OP or the person she made a contract with. I don't know the market condiditions of the area. I don't know how experienced the client is with daycare. I don't know how experienced the provider is with daycare.

Heck, when DS was 4 and 5, and I used two different centers, I didn't realize that I should have probably reported a provider who organized a field trip up a mountain with a big, steep drop off. She didn't pack food or drink. I went with my son up the mountain, because I didn't want him to miss a potenitally great experience (okay, it wasn't really age appropriate for 3-5 year olds) but I am also the parent that doesn't expect everyone else to care as much about my kids as I do. The trip took hours in the Summer. It was so that the provider could get her older son his hiking merit badge.

And this experience was at the BETTER of the two centers my son was at.

People are so different. Sometimes the right thing to do is to try to teach.

If this is a normal situation, I would say that the provider should be more reasonable. Yes, providers can be horrible people too.

If the client is truly in a difficult situation, and the provider is being a horrible person, after having an attorney review the contract (e.g. maybe giving notice isn't the same things as actually paying), I would definitely remind the provider that like any normal consumer, she will not be able to recommend the provider and may feel morally obligated to help other consumers know of the potential problem.
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Cat Herder 02:47 PM 03-15-2019
Originally Posted by Mom2Two:
morally obligated to help other consumers know of the potential problem.
She does not have to. The provider already tells people about her policy. It is literally in her contract that the OP signed.

The OP is the problem in this scenario.
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Jupadia 03:01 PM 03-15-2019
Originally Posted by Mom2Two;:

If the client is truly in a difficult situation, and the provider is being a horrible person, after having an attorney review the contract (e.g. maybe giving notice isn't the same things as actually paying), I would definitely remind the provider that like any normal consumer, she will not be able to recommend the provider and may feel morally obligated to help other consumers know of the potential problem.
I'm confused how do you know that the provider is being a horrible person, as far as we know the only thing they have done is have what most of us consider a long notice period that was played out in her contract that the parent signed. I dont know what she did to make you think she was horrible. The op may not want to recomend the provider to friends because they dont like the notice period. But to suggest that they threaten with a bad review is going over board in my mind. Read what you sign.
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Mom2Two 12:40 PM 03-18-2019
Originally Posted by Jupadia:
I'm confused how do you know that the provider is being a horrible person, as far as we know the only thing they have done is have what most of us consider a long notice period that was played out in her contract that the parent signed. I dont know what she did to make you think she was horrible. The op may not want to recomend the provider to friends because they dont like the notice period. But to suggest that they threaten with a bad review is going over board in my mind. Read what you sign.
There's an "if" in what I wrote. Double-checked just now...and yes, it's there.

I absolutely do not know what the situation is. All I'm really trying to say is that "if" the OP is in a truly difficult, unforeseeable situation, I would hope the that the provider would be understanding if at all possible.

It's not out of the realm of possibility to me that the provider has a problem. I've read some odd and overly lengthy contracts that are out there. But, I don't know. Family daycare isn't always going to be an efficient market, meaning that if they are sparsely dispersed in OP's area, the market won't self-correct as well as it might in another area with more competition. There might be outliers with funny practices.

I'm probably going to let this thread drop at this point. I'm starting to feel like I'm trying to over-explain.
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AmyKidsCo 02:17 PM 03-19-2019
Originally Posted by Meeko:
I would be more concerned that the contract states that children are given lunch and two SNAKES each day........LOL...sorry...couldn't resist.

The contract doesn't state anything other than the three month requirement. I am going to assume she may use collections or small claims if clients decide not to abide by the contract.

I personally feel that three months is an excessive amount of notice... BUT.....you agreed to it when you signed the contract.

Maybe talk to her and see if she is willing to budge, but she is under no obligation to do so.
So here's a question - if the provider is in breach of the contract by not giving the children 2 SNAKES a day, is the OP responsible for 90 days notice? Obviously SNAKES is a typo, however if the provider argues that point, couldn't the OP argue that 90 days is also a typo??

Just another reminder to double-check everything!
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Snowmom 03:02 PM 03-19-2019
Originally Posted by AmyKidsCo:
So here's a question - if the provider is in breach of the contract by not giving the children 2 SNAKES a day, is the OP responsible for 90 days notice? Obviously SNAKES is a typo, however if the provider argues that point, couldn't the OP argue that 90 days is also a typo??

Just another reminder to double-check everything!
Spelling mistakes in a legal document do not void the contract if the intent is clear.
Coming from someone who used to write real estate contracts, it's known as a "Scrivener’s Error".
If the error is not clear, then only that sentence will be questioned and possibly disputed- which in this case is "meals" since it's listed under that paragraph. However, it's pretty clear what the intention of the word was in that sentence.
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Blackcat31 02:53 PM 04-15-2019
See? People get disappointed when snakes are actually snacks...

https://www.msn.com/en-us/lifestyle/...cid=spartanntp
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Hunni Bee 11:21 AM 04-16-2019
Originally Posted by Blackcat31:
See? People get disappointed when snakes are actually snacks...

https://www.msn.com/en-us/lifestyle/...cid=spartanntp
lol!!! I saw that a few days ago and remembered this thread
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Tags:contract sample, notice, notice - 30 day
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