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  #1  
Old 10-24-2012, 02:55 PM
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For those of you following the complaint/pending court case, etc. filed against me for giving a child several time outs in one day before terminating him for aggressive/destructive behavior:

Today I received a UPS package containing a letter that my case has been selected to be heard on the "Judge ****" television show if both myself and the opposing party are interested. (And there is no guarantee that the parents suing me will go for it, either.) If I lost, the show would pay the $5,000 to the plaintiff and no civil judgement is filed against me. If I won ... well, I won. And either way, they pay me $400 for appearing.

Life is stranger than fiction - you think? This whole situation has become more and more bizarre as it has progressed!

What would you do in my case? If I lose, it's certainly not good publicity for my business, but I do know that Judge **** is a stickler for personal accountability and not allowing behavior (neither in the child or the parents) to go unaddressed.

What to do, what to do ....

Last edited by Michael; 11-12-2012 at 04:18 PM.
  #2  
Old 10-24-2012, 02:58 PM
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Quote:
Originally Posted by Kimberli View Post
For those of you following the complaint/pending court case, etc. filed against me for giving a child several time outs in one day before terminating him for aggressive/destructive behavior:

Today I received a UPS package containing a letter that my case has been selected to be heard on the "Judge ****" television show if both myself and the opposing party are interested. (And there is no guarantee that the parents suing me will go for it, either.) If I lost, the show would pay the $5,000 to the plaintiff and no civil judgement is filed against me. If I won ... well, I won. And either way, they pay me $400 for appearing.

Life is stranger than fiction - you think? This whole situation has become more and more bizarre as it has progressed!

What would you do in my case? If I lose, it's certainly not good publicity for my business, but I do know that Judge ****is a stickler for personal accountability and not allowing behavior (neither in the child or the parents) to go unaddressed.

What to do, what to do ....
I personally would not turn this into a public event, but that is just me. I would fear that not knowing the outcome would cost me more than $5000.00 Winning is not a guarantee, so I would have to say I would not do it.

Do you think that if you do say yes and they approach the DCP and she says no, that she can use this against you in court??

Last edited by Michael; 11-12-2012 at 04:19 PM.
  #3  
Old 10-24-2012, 03:00 PM
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Go for it! I would love to see what Judge **** would say.

If you do please let us know so we can watch.

My friend (works in the courthouse)gets producers all the time coming into the courthouse looking at cases to go on those types of shows. Funny think is we don't even live in CA.

Last edited by Michael; 11-12-2012 at 04:19 PM.
  #4  
Old 10-24-2012, 03:00 PM
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No way!! I don't mean to laugh but... well, I can't help it! What a crazy situation. I actually watch Judge **** sometimes at nap time and as much as I dislike her... from what I know of your case, I'm 100% certain you would win!

I don't think I would EVER in a million years want to take a situation like this having to do with my daycare and address it on national television, even if the complaints against me were a bunch of BS. It's just not a good business practice in my opinion.

Last edited by Michael; 11-12-2012 at 04:19 PM.
  #5  
Old 10-24-2012, 03:32 PM
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Its a win win situation really. I mean if you lose they pay her and you still make $400. If you win .. As for bad publicity, how many people REALLY watch that show anyway.!!! You were trying to protect the other children in your care, I'm not sure how many parents would NOT want you to do that. I say go for it.

Do you have to contact her or does the show contact her? I would contact the show and ask them what her response was. Then she doesn't know you said yes first, kwim? Although she probably won't day yes because she knows she's wrong.
  #6  
Old 10-24-2012, 03:38 PM
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OMG!

Are you sure you're not living in the "twilight zone"?

I would have really mixed feelings about going on the Judge **** show. If you should decide to do it, I would make sure that I had every single piece of evidence possible. I would make sure to get NOTORIZED statements from your other parents and your assistant, if you have one. From what little I've seen of her show, if it's not notorized, she won't accept it.

Last edited by Michael; 11-12-2012 at 04:19 PM.
  #7  
Old 10-24-2012, 04:01 PM
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Seriously.... This situation really does keep getting more and more bizarre! I would love to hear what Judge **** would have to say about this case! I cannot imagine her being too pleased with these parents and how they have conducted themselves.

Keep us posted on what you decide!

Last edited by Michael; 11-12-2012 at 04:19 PM.
  #8  
Old 10-24-2012, 04:13 PM
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I would TOTALLY do it!

I don't even watch the show and I would do it
  #9  
Old 10-24-2012, 04:18 PM
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I would absolutely do it. Can you imagine what the friends of those ex-clients would say? They would think they were straight up loony toon.
  #10  
Old 10-24-2012, 06:23 PM
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my friend did Judge ****! her child was run over by another child that was riding a bike. The bike riding child's parents said they were not responsible for injuries and Judge **** said they were because they had a responsibility towards their child's behavior, even in public. It was a quick win for my friend and the hospital bill for her toddler was paid (the bike rider was elementary age)

honestly, I think I would go for this. you have so much in your favor OP

Last edited by Michael; 11-12-2012 at 04:20 PM.
  #11  
Old 10-24-2012, 06:40 PM
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I wouldn't. Something is going on and its not good. I've seen her shows and she really chews people out. Unless you have balls of steal then I wouldn't do it. Also, why do they want go on live tv. Remember your name and reputation are on the line, do you really want to drag your name on public tv. And if you have children and family members, do you want them involved.
  #12  
Old 10-24-2012, 06:55 PM
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I would go for it! Judge **** will send these parents packing very quickly! You have so much on your side, but it all up to you and your family.

Last edited by Michael; 11-12-2012 at 04:20 PM.
  #13  
Old 10-24-2012, 07:04 PM
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I wouldn't be worried about your reputation by going on TV. Let's be honest, you're not some huge brand name company that is going to be affected by the viewers who see the show. First of all you would have to not just lose, but act stupid or mean on the show, behave in some way that makes you look bad, which I'm assuming you won't. Then people in your very narrow local would have to be watching in order for your win or loss to even be relevant to them. Then they people in your area would have to see the show, and remember it. Really, it's not going to affect your reputation, IMO.

I think it would be fun, do it if you can. But the parent probably won't agree.
  #14  
Old 10-24-2012, 07:25 PM
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Personally, I would go. My cousin was on Judge Mathis in 2009 and it was a good outcome. She won but overall she said the experience was wonderful. Hers was to do with a salon issue (her name is Carisa, if you happen to remember!). Anyhow, it's a win-win as far as monetary gain goes, but you have to decide if you are willing to "air your dirty laundry" and have it floating out there forever in reruns, on Youtube, on family members' DVRs... lol.
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  #15  
Old 10-24-2012, 07:25 PM
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picking jaw up off the floor. My gut reaction is to say no. I cannot explain why, I don't know why. I had to go on obscure city government tv for commission meeting to approve my center, then again for the historic designation. I was terrified. And that is not even close to this.
  #16  
Old 10-24-2012, 09:08 PM
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I would do it! Whenever I see they are having a daycare provider and parent on there I try to DVR it. She is all about contracts, witnesses. personal responsibility and like another poster said, notarized statements. There is no way you would lose and far all you know these parents contacted the show to see if they could get on it. You just need to act completely professional and never talk to the parent just the judge. If you could bring good character references in from other parents it might actually be good for your business, if not lets face it the people watching the show aren't usually the ones needing daycare as they are home in the day.
  #17  
Old 10-25-2012, 06:45 AM
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Interesting mix of feedback!

I am still on the fence, though I certainly don't really mind where or by whom my case is heard - I have just had such a full plate lately between this situation, an illness in my family and one of my daughters getting married next month that I am feeling completely allergic to drama right now!

While I want to believe I will prevail in my case, I am too old to believe that the good guy with the good intentions always prevails in court. I know better, first hand. If I did lose and had to pay the $5,000 judgement, it would completely ruin me financially. I support six people. The assurance that I would not have to pay no matter what the outcome is tempting - but with everything else I have going on, I am not crazy about the idea of having to make the trek to L.A. to handle all this. I am not about doing things just for the money's sake.

I am still mulling it over and have given myself until the end of the weekend to make a decision.

Thanks for your input!!! You guys serve as part of my sanity right now!
  #18  
Old 10-25-2012, 07:21 AM
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I apologize if you already said this, but how does Judge **** clear your name with any of the issues your licensing agency and/or CPS have in regards to this?

Or aren't they involved anymore after they so nicely "educated" you with the highlighted brochures and stuff they sent..

Is this Judge **** offer ONLY to take care of the civil suit the parents filed?

If there is still some investigating or an open caseload with your county or state agency, I would be a bit leary of getting involved with Judge **** and making any of this public for fear of what impact it would have with the licensing agency.....kwim?

If there is nothing pending with your licensing people though...I say go for it!
I Judge **** ! She is a no nonsense woman that fully understands and supports people that take responsibility for their actions/behaviors.

Last edited by Michael; 11-12-2012 at 04:20 PM.
  #19  
Old 10-25-2012, 07:24 AM
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After going up to a cabin for a mini vacation over Memorial Weekend several years ago one of the couples ditched out in the middle of the night the day we were supposed to leave. They didn't leave compensation for their portion of the weekend and to boot, coincidentally? several of the very expensive adirondack chairs from the resort went missing. They did however leave a scribbled note on a paper plate saying they had a great time, had an emergency and had to get home but would reimburse everyone for paying their portion of the bill. The resort said they'd investigate the chairs on their own, I had been going to this resort since I was a child and they knew we had nothing to do with it.

My now ex worked with the guy and he told him to swing by after work to grab a check paying for their portion. Nothing seemed amiss at all. They talked off and on all day about how much fun the weekend had been. Ex went over there and to his surprise guy refused to answer the door. As he was getting in his car to leave a SHERIFF showed up. Guy claimed ex showed up unannounced and is harassing him for money he doesn't owe

The only reason ex didn't get arrested is he had the texts from guy telling him to come over to get the money he was owed by guy

(Before he left he snapped a picture with his phone of the "missing" adirondack chairs sitting on their front porch........)

After telling guy and his girlfriend that we'd be taking them to small claims court, a few days later we get a certified letter from the Judge **** show asking us to participate. As defendants mind you (?!) because guy and his girlfriend had notified the show they didn't owe us any money. That all of this is causing mental anguish and undue stress so they planned to sue us for. They weren't aware there would be children on our mini-vacation (ummm, all other couples in attendance had kids, they were well aware it's the reason why we got such a large cabin - we needed the extra rooms) and they were upset there wasn't more drinking and other "adult" activities
I filed with small claims court in our county the very next day. They gave us cash the day they were served and we never spoke to them again. (The resort was able to file theft charges that resulted in them returning the chairs - they wanted them back more than they wanted the money to replace them as the resort owners grandfather had made them).


I really didn't care if there was potential reimbursement for what we were owed, or potential reimbursement beyond what we were asking for. The show is an absolute joke and there was no way I was going to see it as any sort of potential "fun" for me. To have God knows what dragged out on television? The fact that my kids were there and they had a problem with it? I had no idea if I'd be raked over the coals by what sort of a person I was, what sort of a parent I was. Guy and his girlfriend were already steeped in lies, what else could they say to try to make them come out of this smelling like roses?

NOT worth it to me.

Judge **** is a mediator on the show, not an actual judge. And per the stipulations they make you sign to be on it her decisions are binding. If she decides to get a wild hair up her butt and make a fool of you regardless of the facts that's it. Not only are you out your money with no ability to appeal the decision but you're also out your reputation.


Sure, daycare parents may not be watching your debut, but no doubt they'll hear about it as will the rest of your community. Someone in my old town went on Judge **** and they put it in the paper The potential loss could be astronomical. You could possibly kiss your business and livelihood goodbye. You have no idea what this nut ball parent is going to try to present, and you have no idea how the nut ball "judge" is going to "rule" or what she's going to say if she decides to take you down.


I would highly advise you rethink even considering it OP. I'd hate to see this get any worse than it already is, because it definitely has the potential to totally blow up. The woman you're dealing with is straight crazy, you have no idea what she'll do or say to win.....all you have to do is look at what she's done so far.............

Last edited by Michael; 11-12-2012 at 04:23 PM.
  #20  
Old 10-25-2012, 07:26 AM
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What is the update regarding licensing? I was under the understanding that there was a "reprimand" of sorts and then that craZy employee that forwarded all that paperwork but that was the end of it. Am I wrong?
  #21  
Old 10-25-2012, 02:12 PM
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What is the update regarding licensing? I was under the understanding that there was a "reprimand" of sorts and then that craZy employee that forwarded all that paperwork but that was the end of it. Am I wrong?
I got as far as appealing the complaint to the Supervisor who also berated me and then yes, my Licensing Analyst mailed me information about proper discipline of toddlers (which outlined EXACTLY what I had been doing and got in trouble for) as well as a referral for an anger management class and low cost Catholic Charities personal counselor flyer - high lighted for my easy reading.

I am now waiting for the Child Care Law Advocate of Southern California to return to her office sometime the end of this month to assist me in understanding what options I have left and to advise me as to whether or not the way the case has been handled by the State thus far is reasonable and legal. Not sure how that will all turn out in the end.

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I apologize if you already said this, but how does Judge **** clear your name with any of the issues your licensing agency and/or CPS have in regards to this?

Or aren't they involved anymore after they so nicely "educated" you with the highlighted brochures and stuff they sent..

Is this Judge **** offer ONLY to take care of the civil suit the parents filed?

If there is still some investigating or an open caseload with your county or state agency, I would be a bit leary of getting involved with Judge **** and making any of this public for fear of what impact it would have with the licensing agency.....kwim?

If there is nothing pending with your licensing people though...I say go for it!
I Judge ****! She is a no nonsense woman that fully understands and supports people that take responsibility for their actions/behaviors.
There is nothing remaining to be handled from Licensing to me in this case, only from me toward licensing if I choose to keep appealing up the ladder.

Judge **** only handles the civil aspect of this issue ... the actual law suit itself. To clean things up with licensing and exonerate my name is up to me and what I find out from the Advocate as I choose whether or not to move forward.

I am leaning more and more toward going ahead and responding that I would be willing to go on the show. I will prepare and present my case the same way - on T.V. or not.

We shall see.

Last edited by Michael; 11-12-2012 at 04:23 PM.
  #22  
Old 10-25-2012, 02:17 PM
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Not only are you out your money with no ability to appeal the decision but you're also out your reputation.
I hear your other concerns and have certainly considered some of the same things myself, but in regards to your above statement, the show actually pays the judgement if you lose - there is no financial risk to the party being sued.
  #23  
Old 10-25-2012, 02:19 PM
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I hear your other concerns and have certainly considered some of the same things myself, but in regards to your above statement, the show actually pays the judgement if you lose - there is no financial risk to the party being sued.
I say go for it!
  #24  
Old 10-25-2012, 03:40 PM
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Judge **** is a mediator on the show, not an actual judge. And per the stipulations they make you sign to be on it her decisions are binding. If she decides to get a wild hair up her butt and make a fool of you regardless of the facts that's it. Not only are you out your money with no ability to appeal the decision but you're also out your reputation....and you have no idea how the nut ball "judge" is going to "rule" or what she's going to say if she decides to take you down.
Personally, I wouldn't consider going on the show for the reasons stated above. I don't watch the show very often but during the few shows I have seen, I've been disgusted by how rudely she treats the people who appear on the show. I've watched a couple of shows in which she refused to even listen to what the defendent was trying to tell her. It seems to me, a "judge" should at least hear the person out before making a judgement - especially if her judgement can't be appealed. Anytime I've ever watched the show, I've always come away thinking, "Why would anyone agree to put themselves through that?!"

The other concern I would have about appearing on the show is that your licensor substantiated the parent's complaint. Not only that, your licensor's supervisor denied your request to appeal the report. I'm not saying they're right or that it's fair, just that the dc parent probably has a copy of that report and will be providing it to Judge ****. Since Judge **** doesn't know either you or the dc parent, she can only go by the evidence given her. With that report in hand, I wouldn't think this case is going to go in your favor.

If you've decided you want to appear on the show for financial reasons, I would at least try to clear things up with licensing first. I would think your best chance of winning this case is to get a report from licensing stating you've been cleared of any wrong-doing. Good luck - with your decision and with licensing. It sounds like you've been through such a horrible ordeal. It's scary to think this kind of thing could happen to any one of us.

Last edited by Michael; 11-12-2012 at 04:21 PM.
  #25  
Old 10-25-2012, 04:30 PM
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Personally, I wouldn't consider going on the show for the reasons stated above. I don't watch the show very often but during the few shows I have seen, I've been disgusted by how rudely she treats the people who appear on the show. I've watched a couple of shows in which she refused to even listen to what the defendent was trying to tell her. It seems to me, a "judge" should at least hear the person out before making a judgement - especially if her judgement can't be appealed. Anytime I've ever watched the show, I've always come away thinking, "Why would anyone agree to put themselves through that?!"

The other concern I would have about appearing on the show is that your licensor substantiated the parent's complaint. Not only that, your licensor's supervisor denied your request to appeal the report. I'm not saying they're right or that it's fair, just that the dc parent probably has a copy of that report and will be providing it to Judge **** . Since Judge **** doesn't know either you or the dc parent, she can only go by the evidence given her. With that report in hand, I wouldn't think this case is going to go in your favor.

If you've decided you want to appear on the show for financial reasons, I would at least try to clear things up with licensing first. I would think your best chance of winning this case is to get a report from licensing stating you've been cleared of any wrong-doing. Good luck - with your decision and with licensing. It sounds like you've been through such a horrible ordeal. It's scary to think this kind of thing could happen to any one of us.
I know that Judge **** can be a complete witch to the people on her show, but ... with that in mind, I'd have to wear my big girl panties and suck it up. A lot of that drama is what boosts her ratings, and when it comes right down to it, no one else's opinion of me is going to make or break the fact that in the situation that initiated this whole mess, I handled it as appropriately as I felt I could with everyone's best interest at heart. If someone else disagrees, well, then ... okay. I am not perfect, but I do my best. My self-esteem remains in tact.

As for the licensing report - of course she will present it ... as will I! What I was found guilty of was giving a child multiple time outs in a day. No where in California State Law is it written that somehow that is a violation of a child's personal rights - which is why I have pursued the substantiation with appeals - and I am not sure I am done getting satisfaction with that part yet either - HOWEVER, that Report will be presented in a small claims court in my own town or on Judge **** ... and I will need to speak to it either way.

I think the real question to consider is whether Judge **** - or any Judge, will find a child being placed into time out multiple times during a day before I terminated him at close of business when he was being violent toward other children and violating their personal rights a justification for forcing me to refund 5 months of Full-Time child care fees to the parents and additionally paying them $1,500 in punitive damages.

They are actually trying to suggest a breach of contract, stating I "didn't give proper care" ... but they signed a statement acknowledging my discipline policy, which I was following at the time - and the mother put her own child in time out multiple times in front of me in my own home at pick up when he slapped her in the face and ripped out her earrings, and I have notarized statements from several other daycare parents stating such.

Call me crazy, but I think I have a shot at winning. But, then again ... like I said earlier ... logic, reason and truth does not always prevail.

It's a gamble, but it's going to be heard in some court, somewhere, no matter what.

Last edited by Michael; 11-12-2012 at 04:24 PM.
  #26  
Old 10-25-2012, 04:32 PM
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I bet she brings the child, and hopefully the child will act out so Judge **** can yell at his parents.

Last edited by Michael; 11-12-2012 at 04:22 PM.
  #27  
Old 10-26-2012, 01:17 PM
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I bet she brings the child, and hopefully the child will act out so Judge **** can yell at his parents.
If she has any brains, she won't.

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...that Report will be presented in a small claims court in my own town or on Judge **** ... and I will need to speak to it either way.
I think that would be my main concern...that on Judge **** show, you might not get the chance to speak to the licensor's report and fully explain your side of things. Aside from her rude behavior, one of the reasons I don't watch the show is the feeling of frustration I get when she doesn't allow the defendents to fully explain their side of things.

I hope you're not offended by my comments. I wish you the best in your case regardless of where it's heard.

Last edited by Michael; 11-12-2012 at 04:22 PM.
  #28  
Old 10-26-2012, 10:00 PM
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OMG .....I just cannot believe how FAR this has gone for you. I say go for the judge **** show. Good luck!! Simply unbelievable!

Last edited by Michael; 11-12-2012 at 04:22 PM.
  #29  
Old 10-26-2012, 10:02 PM
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Don't forget to tell us the air date and time so we can watch!!
  #30  
Old 10-26-2012, 10:43 PM
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Yes, go on the show!
She really can not stand undisciplined kids and bad parents.
She will definitely side with you.
You have a contract and she is very old school as far as discipline goes.

I can just picture her saying.. "If I ripped my moms earrings out, I would get more than a time out, if ya know what I mean!"

Definitely do it!
  #31  
Old 10-27-2012, 12:55 PM
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Just to be safe, take you last 5 months of sign in sheets as proof that the child attended and you provided care all of that time. Maybe copies of her payments all that time. I would also take the licensing section on discipline to show that it doesn't say no time outs. Finally, I would take the packets of info you got from licensing telling you to use time outs. You may not need all of this, but she gets really frustrated with people who don't have documentation.

Good luck!
  #32  
Old 10-27-2012, 01:43 PM
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Kimberli Kimberli is offline
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Originally Posted by Sunchimes View Post
Just to be safe, take you last 5 months of sign in sheets as proof that the child attended and you provided care all of that time. Maybe copies of her payments all that time. I would also take the licensing section on discipline to show that it doesn't say no time outs. Finally, I would take the packets of info you got from licensing telling you to use time outs. You may not need all of this, but she gets really frustrated with people who don't have documentation.

Good luck!
Absolutely! I have all this ... and more.

Years ago I prepared a case for my ex-husband to be heard in front of Judge Joe Brown. Before he heard the actual arguments, he made sure to tell my ex that our paperwork and preparation was the absolute best presentation he had seen in his 20 years in the field. I got this ... but unfortunately it doesn't guarantee that I would win!

I have e-mailed the show and given my permission to be heard on air, but now it is up to the crazy plaintiffs to decide whether or not they want to go there. The best selling point for me is that her decision is final ... I am beyond ready to lay this to rest and move on!!!
  #33  
Old 10-27-2012, 01:44 PM
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Kimberli Kimberli is offline
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Originally Posted by Michelle View Post

I can just picture her saying.. "If I ripped my moms earrings out, I would get more than a time out, if ya know what I mean!"

Definitely do it!
Lol, Michelle! I can totally see her saying that!!!!
  #34  
Old 10-28-2012, 11:47 AM
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Don't do it..., you are giving her permission to put your daycare in a negative light on national TV. You don't need the head aches it MAY cause.
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aggressive behavior, complaint, complaint - pending, judge joe brown, judge judy, reality tv, terminate, terminate - violent

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