I need help please!

[shelly]

Hello, my name is Shelly and I operate my own in home daycare.

I have had a part time child with me for only three weeks.

I normally do not work on Sundays but I agreed with the mother to do so until she received a full time position within her company. He child comes here Mondays, Tuesdays, Saturdays and Sundays. Just this past Saturday she asked if she could bring her son at 6am rather than 8am and I told her the agreement was for 8am, but she would have to pay $10 extra for 6am. She refused and said she would bring him on Sunday at 8am instaed and kept him home on Saturday.

Sunday morning came and I waited so long! I got up at 7am, waited till 9"30 until i texted her and asked when he was coming and she never responded. I realized he obviously wasn't coming again and was very upset as I am also 6 1/2 months pregnant and had wasted my Sunday morning.
I sent her a text requesting all fees that were due for the previous week (the Monday and Tuesday), including half the daily rate fee for missing Saturday and Sunday, which is all stated in our contract that she signed. I also requested the next two weeks payments for not giving me two weeks notice, which is also in my contract. She has only responded with that she wants a receipt for fees already paid and because I did not give her a copy of her signed contract, she owes me nothing and has not paid me at all. She owes me $385.00.

Do I go to a lawyer with the signed contract?

I feel so upset as I have went out of my way for this family the last three weeks and this is what I got in return just because I didn't want to wake up at 6am on a Saturday when I run a daycare from 6am to 6pm Monday to Friday, am pregnant and have two young children at home myself.

Can anyone help me please? I would greatly appreciate it :unsure:

[Inspired by Reggio]

Sorry this is happening to you - a hard lesson in this business of why many of us do not do special and also why most of us get paid in advance of care and take a security deposit :(

You could take her to small claims court if she is in violation of your contract - but it will likely cost you more in time off and lost income and still no guarantee she will pay even if ordered to - so than you'd have to go through trying to get her garnished and so forth :(

[ladyjbug]

I would write this woman an immediate termination letter for not showing up and non-payment of fees, in it I would state any and all fees paid and calculate all monies owing. I would also attach a photocopy of the contract she signed saying she is obligated to pay the above money. Then I would set a date that the money is due otherwise legal action will be taken. Send it by registered mail so she has to sign for it. Don't do any receipts until the end of the year as required for tax purposes.

If she doesn't pay up, you could file in small claims court. I think for that small amount of money that the cost of a lawyer's time may just break even or you might end up owing some to the lawyer, so I probably wouldn't do that myself. I personally prefer collection agencies. While I don't see every penny of what is owed (they take a percentage), they will hound them until they get it. It is also relatively low stress on me since I am not doing the hounding, which might be helpful in the last months of your pregnancy.

Sorry you are having to deal with this.

[angelina]

Sorry to hear this case. You have been nice, and in return....(sigh).

Don't issue her the receipt for fees paid, until she pay you what is due.

Send her Invoice of what she owed you and copy of your contract.

Other wise - Karma does happen, or it will?

Take care...

[apples and bananas]

oh this just sucks! It's so unfortunate that we hear these stories and these people are the reason that home daycares have so many policies. I'm so sorry this happened.

If it were me I would probably do up a letter and email and send through registered mail threatening with legal action. Make sure you word it all official, like you've already consulted with a lawyer... maybe that will make her pay up. Offer her ways to pay you, one of them being email transfer, she may be more likely to pay if she doesn't have to come face to face with you.

And yes! Hold her reciept until year end and don't even address it with her until she's payed you.

Do you have any of her belongings? extra clothes, diapers wipes etc? Make sure you mention those if you do, give a date to pick up other wise they're going in the donation bin.

Lesson learned... if you are going above and beyond and offer crazy hours like working 7 days a week, have it paid up front or hold a deposit for last 2 weeks of care.

[kidlove]

This kind of stuff happened to me when I first started, you live and learn in this business. And you lived soon you'll learn. One piece of advice I have for you is.....always, always,always take money in advance of care. Let this one go, or at least compromise with this Mother and get the money she owes you for care and let the two weeks notice go. I have learned with parents over the years, if they try to use you (outside your limits) and make you bend your rules, they eventually are going to screw you over. If they respect you and respect all your rules, they are keepers. Good luck in the future, and for the sake of your unborn child, stay calm and let this one roll off your back. ;)

[Momof4]

I'm so sorry you are experiencing such stress while you are pregnant. Take care of yourself and the baby. Can you call a collection agency and ask them some question about persuing this woman? I have a friend who did that years ago.

I had a family leave without giving notice or paying for their last week of care in my first year in business. It's a hard lesson to learn, but it certainly makes you more strict with your policies, contract, payments and future clients.

[mimi]

You have till the end of February 2013 to issue her receipt. I didn't know we could use a collection agency. If this is so, and there is no otherwise involvement and stress for you, I think I would consider it. This is the type of person who gets a kick out of "saving money" by not tipping wait staff.

[shelly]

Thanks so much for all your wonderful advice! I will be sure to let you know what I do and what the outcome is. You all are great!