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View Full Version : Parent requesting refund - What should I do?



Toregone
08-08-2012, 09:59 AM
Hi,

I recently terminated a child and gave a months notice. The mom calls me this morning and says that they will only use care until the 17th which is 2 weeks from when I sent them notice of termination and that she will need me to refund the remainder of the month.

My way of thinking is that if you do not use the full notice period I provide than that is your option however you will not recieve a refund. Care is available until the full notice period is over. The only hang up is in my contract I stipulate that I must give a minimum of 2 weeks notice and in this case I gave a full month. I don't need the money but I don't feel I should have to refund it.

She asked this morning to shorten the notice period to 2 weeks from date of the letter I sent her but that is 9 days from now. Not exactly long enough time to fill the spot. I also stipulate that parents need to provide me with a minimum of 2 weeks notice, otherwise fees are still payable that month in full. I think she's now giving me less than what the contract stipulates. Or am I just being a bit picky/bitchy? I'm in a bit of a mood this morning and have been known to be a little cranky with people when that happens lol.

What would you do? The mom wants me to call her back within 2 hours to discuss this.

samantha3
08-08-2012, 10:07 AM
First off, I would call her back on your terms.... or if it were myself I would go out of my way to not call her in the time frame she requested.

Secondly, you are in the right. Your contract said a minimum of two weeks and you decided to give a month. I would tell her no and not make a conversation out of it as there is nothing to discuss.

I hope this all works out for you. This is a crummy situation! Good luck :)

Cocoon
08-08-2012, 10:38 AM
Technically, you should as it states in your contract that you and I assume your client too give 2 weeks notice.

Personally, I wouldn't :)as she is not being fair to you. She probably thinks that you weren't fair to her by terminating.

KingstonMom
08-08-2012, 10:59 AM
If your contract states that she needs to give you 2 weeks notice to leave, then allow her to stand by that, which would be when SHE gives you notice. so if this was today she called you, then 2 weeks from today, the 22nd. I think this is meeting in a middle point and she won't haver a leg to stand on.

jec
08-08-2012, 11:03 AM
I don't think your being a bitch- I think your just frustrated that I'm guessing you gave a month to help them find care and then turn around and not return the favor. Reason why you should keep things professional and by your contract....I learned the hard way too :(
I agree with the ladies- if it's in your contract then you need to follow it. Just end it as I think Cocoon is right, she probably doesn't think it's fair that you terminated and she might start getting more nasty
Good luck

Sandbox Sally
08-08-2012, 11:08 AM
Yeah, if your contract says 2 wks, I would give her back the money. Sucks, but she just gave you notice.

Inspired by Reggio
08-08-2012, 11:19 AM
If your contract states that she needs to give you 2 weeks notice to leave, then allow her to stand by that, which would be when SHE gives you notice. so if this was today she called you, then 2 weeks from today, the 22nd. I think this is meeting in a middle point and she won't haver a leg to stand on.

I agree ~ basically you went above and beyond in your notice which was generous ~ however she does not have to accept the 'extra' notice and can turn around and stick to the 'minimum requirement' as per your contract of two weeks ... so I would just cut my losses and accept that rather than trying to 'force' her to accept extra care.

I cannot remember what the circumstance was for the termination of the contract but am making the assumption that it was because either the child or the client was not a match for the program for some reason ~ this is such a hard thing in this business because I can see both sides of provider initiated termination ..... as a 'provider' working with a client that is taking away from the group is well not 'best' for the group so termination is the only option but at same time we do not want to be out income by terminating without notice but as a client I cannot imagine SENDING my child for a notice period if the relationship was not 'working' and that is why it was ending ~ its one thing if you are 'closing' and all the clients got notice but when someone just doesn't want to serve 'you' that has got to be a hard thing to swallow having to continue to drop your child off in the morning or to pay them :(

I have not had to terminate any clients since being home but I know in centre care we always just refunded the security deposit in lieu of notice if we just wanted them GONE and I think I would do the same thing at home if a situation ever arose where I just did not think a continued service relationship was in the best interest of the program.

Judy Trickett
08-08-2012, 11:26 AM
If your contract states two weeks notice is due then she owes you fees up to, and including, the 22nd of August. I also have a line in my contract that states that once fees are paid there is NO refund for ANY reason.

Toregone
08-08-2012, 11:27 AM
I attempted to tell her that if she wished to shorten the notice period from one month to 2 weeks than the 2 weeks began today. I think this is very fair but she disagreed. Things got heated on the phone and I ended the conversation.

I then looked at the calender and realizied that we were fighting over 3 days. Not worth it for her or for me so I gave in. I will provide care until the 17th and refund half the month at pick up on that day. I called her back and told her this and of course she was very happy with this.

Reggio the reason for the termination is that the child is unhappy here. He cries all day long even 3 months after starting. His mom tells me he cries when they pull on to my street in the car. He just hates it here. And his crying and screaming really brings down the other children and affects thier mood and behaviour. The mom was fine with the reason, not angry for termination but is a nickel and dimer so I know I would never win with her. It would just be phone call after phone call until I gave in. It's 3 days, why bother.

I will be however amending my contract to include a months notice on both sides. I thought 2 weeks was adequate but it is not. If parents wish to use a shorter notice period that is of course thier option but I will not refund fees.

apples and bananas
08-08-2012, 11:28 AM
But isn't this someone that you don't want in your care anymore? Didn't you terminate them? So, why do you want them to hang on? I would just refund and move on. If I was a client and I was being terminated and I chose to leave earlier, I'd wonder why the provider was holding back money from me? Cause, you were the one who started this. Just my two sense, but I think you're asking for a fight if you try to tell her that SHE hasn't given enough notice when you were the one to terminate her to begin with. Cut your losses, be the nice guy and move on.

Lou
08-08-2012, 01:40 PM
I know it's already settled, but I just woud have refunded as well.

Sandbox Sally
08-08-2012, 01:44 PM
I attempted to tell her that if she wished to shorten the notice period from one month to 2 weeks than the 2 weeks began today. I think this is very fair but she disagreed. Things got heated on the phone and I ended the conversation.

I then looked at the calender and realizied that we were fighting over 3 days. Not worth it for her or for me so I gave in. I will provide care until the 17th and refund half the month at pick up on that day. I called her back and told her this and of course she was very happy with this.

Reggio the reason for the termination is that the child is unhappy here. He cries all day long even 3 months after starting. His mom tells me he cries when they pull on to my street in the car. He just hates it here. And his crying and screaming really brings down the other children and affects thier mood and behaviour. The mom was fine with the reason, not angry for termination but is a nickel and dimer so I know I would never win with her. It would just be phone call after phone call until I gave in. It's 3 days, why bother.

I will be however amending my contract to include a months notice on both sides. I thought 2 weeks was adequate but it is not. If parents wish to use a shorter notice period that is of course thier option but I will not refund fees.

I agree with the bolded.

Mamma_Mia
08-08-2012, 03:10 PM
Yeah, if your contract says 2 wks, I would give her back the money. Sucks, but she just gave you notice.

Even though she terminated care FIRST? lol I'm just asking....

It's like telling an employee "you're fired" and they reply with "I quit" uhhhh that's nice I still fired you? LOL no?

Crayola kiddies
08-08-2012, 03:24 PM
Well I guess that goes to show you that it doesn't pay to be nice : (

Momof4
08-08-2012, 03:26 PM
I'm glad you agreed to meet in the middle with this woman and just concentrate on the fact that you will be done with this family and your life is going to be so much easier when they are done. The sooner the better most likely.

Inspired by Reggio
08-08-2012, 03:41 PM
Even though she terminated care FIRST? lol I'm just asking....

It's like telling an employee "you're fired" and they reply with "I quit" uhhhh that's nice I still fired you? LOL no?

LOL ~ I have had people do this when I worked as a Director in Centre which was kinda stupid because we always paid them out the two weeks notice period even if we had 'cause' cause it was just easier than dealing with potential wrongful dismissal suits which would cost you more in time and effort plus if they are 'let go' they eligible for EI ~ if you QUIT a job effective immediately you are not entitled to the two weeks of notice pay and unless they changed it again you cannot get EI anymore unless you can 'prove' that you left the job for medical qualified reasons .... so it is better to be 'fired' :roll:

kidlove
08-09-2012, 08:19 AM
i totally agree with Samantha, I would purposefully return her call at your convenience. You have already terminated her, so really...not much to discuss. What did she say when you gave her the month notice? How long ago was it? If she wanted to make it two weeks, she should have decided that then. Sounds like she has finally found a replacement and has used you until she didnt need care anymore. IF she doesnt put up too much of an arguement I would just inform her: I gave you enough time to find someone else for care and I now need enough time to replace your child. I would attemp to keep the payment on principle alone, however...IF she puts up an arguement just refund a week or two and move on. In this business you have to concider word of mouth, if she gets upset enough she really could spread lies fast!!!! Either way you choose, I think its right for her to stick with the contract and pay you what she owes. Does your contract state if terminated they owe for that 2 wk period? if she is telling you right now she wants it lowered to two weeks, concider the two weeks starts NOW, wont that allow you to keep the last 2 wks pay?

stitcherka
08-09-2012, 09:27 AM
If you expect full months fees when they give notice, then the notice they have to give you should be a month. My contract states that they need to give me one months notice or full fees in lieu. And I have it written that I will also give THEM one months notice.

Toregone
08-09-2012, 01:54 PM
I gave them a month out of kindness but my contract only states that I am obligated to provide 2 weeks. The mom turned around and said thanks for the extra time but no thanks, now give me the extra money back. Whatever, I'm done with them and I'm happy about it. No more screamer or bitchy mom. My life just got a ton easier.