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View Full Version : Oh my...PLEASE give me an unbiased opinion. Am I in the Wrong?



Sandbox Sally
03-02-2012, 03:36 PM
Actually, pretty sure I'm not. Ok, try and keep up ;)

DCK that I talked about before, who cries all day, is now going to preschool. Yippee skippy. Her parents pay in advance, the Friday before care is given, as do all my clients. She is two days a week.

On the following Tue after they pay me, her mom gives notice. It wasn't working out, they were concerned, you have been great, etc,etc..time to try something different. Ok. So she said, I am giving two weeks' notice.

So to ME....that would mean the two following weeks, right?? Since they already paid for the week she is giving notice...Not, you are giving me two weeks notice from today, Tuesday, so she's all done Tuesday, and you give us any remaining deposit back. Right??

So here's how it went down.

1. When they signed with me, they gave me two weeks' deposit, for the last two weeks that she is in my care.
2. She came that week her mom gave notice. Both days. As scheduled. As paid for.
3. Her mom said she'd come that Friday, the following week (two days, as scheduled), and then the following Monday.
4. Dad does drop off and pick up. I mentioned to him several times that she's due another day that last week, and if they wanted to take it, that I had X, x and x open. No thanks, they didn't want it.
5. My kids have been horrendously ill the past two weeks. As a result, two daycare days have been cancelled w said DCK. I gave them back two days' fees.

NOW...Dad texts me today and says that I still owe them another day, because she was only scheduled in that last Monday, and not twice, as they paid for with their deposit. I am trying to get dad to see that this is precisely WHY we take deposits - so people like him don't leave us high and dry without income. It's in the contract that both he and his wife signed.

He thinks I'm wrong. He thinks I should reimburse them an additional days fee, as they paid two weeks deposit but only used 1.5 days. How is that my problem? Do people give deposits back? Isn't it for lost income in case people pull out before the end of their obligation?

advice. be honest.

Momof4
03-02-2012, 04:01 PM
Is he going to sue you for one day's pay? I doubt it because that would be a lot more costly than the money he paid you. So if I were you I would be firm but very nice and professional at all times and tell him that according to your contract and the past offer to let them use the day and their refusal, that issue is behind you both.

Spixie33
03-02-2012, 05:10 PM
I am confused.

So you had a 4 day (2 week deposit) held from these people but they are only going to use 3 of those days?

And you reminded them that they have 1 more day as per the deposit and offered them to use it?

If that is the case and you offered then you don't have to reimburse them. You could - I don't think most people would - but you don't have to and if he being rude about it then I wouldn't

jec
03-02-2012, 05:46 PM
I don't think your in the wrong.
You are owed 2 weeks notice and it's in your contract that they both signed. You even made the effort to tell them that they still have one day owed to them ~ it was THEIR choice to say no thank you.
I agree with Momof4 that you should be firm but nice and professional and let them know due to the contract that they signed you are to be given 2 weeks notice. You offered to let them use their day and they chose not to and wish their family all the best and the issue is over.

Play and Learn
03-02-2012, 06:47 PM
Do they know that it's usually a 2 week non-refundable deposit?!

You are in the right. Wave that contract in their face, and then close the door!

Inspired by Reggio
03-02-2012, 07:26 PM
Ya it is hard when they are leaving because the child is not adjusting to care - no ones fault there - however a contract is a contract and while I MIGHT have offered to refund the deposit in lieu of notice if I was in a position to do so their ASSUMPTION that I should would have me sticking to my contract as well ...ten business days WRITTEN notice to withdraw and the deposit is applied to SERVICE as is non refundable!

Sarah
03-03-2012, 12:22 PM
Alphaghetti, I am not sure I fully understood your explanation, but regardless, you have to follow your contract. So you're in your rights when you do so, which I think is the case here no?

Cadillac
03-03-2012, 01:01 PM
so she gave you two weeks notice on pick up tuesday? This means that wednesday is the start of that two weeks notice. If she has already paid for the week she has already paid for SOME (three days to be exact) of the two weeks notice so you DO owe them money back. You will owe them three days worth of the deposit back (the three days that they had already paid that week within the notice period).

He's wrong in the reasoning behind his wanting that extra day, but you do owe them three days in total regardless. If you do not charge for the days you have to close your daycare (due to the sick kids) you would actually owe them two more days (if those were days the child was to attend) But I'd leave that well enough alone.

I would try to resolve this to the best of your ability though, so as not to attract bad publicity (I'd give them that days fees that they want)

- ok so I'm re-reading and now I see she is part time? I think we all need a little more explanation to be more helpful

Judy Trickett
03-03-2012, 03:18 PM
You are right. Deposit is non-refundable. And non-refundable means NON refundable!

I wouldn't reimburse them at all.

Sandbox Sally
03-03-2012, 03:23 PM
Yeah, that's the thing. I don't mind reimbursing them for days that they paid for that I was unable to provide care, but I most definitely don't think that a deposit is refundable. We get deposits for a reason - so that someone doesn't skip out without giving two week's notice. It'd be like renting an apartment, paying first and last's months rent, then telling your landlord on March 30th that you were moving out on April 15, so could you please have half your last month's rent back, please...kwim?

Dreamalittledream
03-03-2012, 05:21 PM
I would try to resolve this to the best of your ability though, so as not to attract bad publicity
I know that a contract is a contract but I'm with Flex on this one...no idea where you live but BAD publicity can spread like wildfire and be very costly to any business. Being it's just ONE DAY of fees I would at the very least come to a compromise and refund 1/2 if not all. Just my 2 cents here:)