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View Full Version : Didn't Read My Contract . . . .



Cadillac
10-22-2012, 09:53 AM
I started a new family a couple of weeks ago. The child is fantastic and the parents seemed totally down to earth, had a sense of humour, just great all around people.

I was really excited about this match and so were the parents. Dad couldn't say enough about how happy they were that they found me.

Last week they called me in the morning and told me he had a bit of a cold and wouldn't be coming. I told them children are welcomed with colds unless they are just too sick to participate or are showing signs that its more than a cold. They insisted on keeping him home. On friday the next day they were to come they told me they were keeping him home again and were going to the doctors. Fair enough: I asked them to call me sunday and let me know how the little one was doing.

Sunday night I texted them and asked them what hours they wanted this week (the days were set we were just working out the times that worked best for the family) He told me the days he wanted. I told him that his days are set each week and I was just doing as promised and helping them work out hours. Then he goes to ask what works for me . . . huh? I told him I was open from 8 to 5:30. He decides he'd like to pcik up his child in the middle of nap. . . . . sigh . . . . so I asked him to come for 3:30 so he would be disturbing the sleeping kids and gave him is total for the week.

This is where it went bad. He asked me if he could just use his credits from the week before when his child was sick. I informed him that sick days are paid in full . . . he would have known this if he read my parent handbook (which he signed in the contract saying he had) he then became irritated and told me that he had kept his child home out of respect and brought his nanny in so he was now paying double because he was trying to be respectful. Honestly i didn't think that was my problem. he was welcomed to come with his cold and that family also having a nanny is their decision not mine. I asked him if he had read the parent handbook and he told me he had missed that part . . . I apologized for being caught off guard.

Dad then asked was the deposit was for (also clearly laid out in the handbook) and I explained it to him.

At this point the texting was rediculous and asked if I could call

He texted me back hours later and told me him and his wife needed time to think about all this.

I said I would apply his deposit to the days he is missing and to get back to me

I've lost them due to their own negligence haven't I?

Sigh . . . .

I really like this family

Dreamalittledream
10-22-2012, 10:06 AM
I know that I'm going to get jumped on over this...feel free. But for the sake of saving the 'relationship' and the family you really like I would likely have let the 2 days slide with a warning that they will know for next time. The lost income you will incur in advertising, interviewing, filling the space...is it really worth 2 days of pay? Just my 2 cents.
Also, people should definitely read what they sign and be held accountable for it, but parents are often handed a lot of information to read through (when they have a second in busy lives) and perhaps they are new to Childcare arrangements (where sick days are often still a charged day). On key issues I want to alert them to (issues around fees/sick policies) I have a spot for them to initial, just as an extra backup for me so I know they've particularly read those specific sections, might be a thought for your handbook?

Other Mummy
10-22-2012, 10:16 AM
It's amazing how many people "say" they've read contracts when in actuality, they probably skimmed thru the document and didn't bother reading it at all.:ohmy:

I agree Dreamalittledream... if they are an amazing family, good dck, etc. then I would have waived the fees. This time. I would make no uncertain terms that next time their child is sick that fees are due regardless.

This is why it is always good practice to go over contracts with parents have them sign/initial the important points (eg. sick days).:no:

playfelt
10-22-2012, 10:42 AM
I'm with Dreamalittledream too. Since they just started care even if they did read the contract and handbook it probably hasn't sunk in exactly what some of it meant - now they know. Going forward I would make it clear that there are no more second chances and that in fairness to the others in care you need to enforce the rules in the book. Ask them to please read the book and if they have any questions to ask them now.

If they are as perfect for the daycare as you say then worth keeping. We all make mistakes and sometimes being forgiving is better than enforcing the contract to the letter.

Dreamalittledream
10-22-2012, 10:50 AM
Wow, thanks ladies...I was cringing as I typed imagining the response;)

mimi
10-22-2012, 10:57 AM
DLD all opinions are important and should be considered by everyone participating on this forum so I hope no one "jumps" on you for expressing yours :)
My view on this is that while these parents seem wonderful, they failed to read the important information package you gave them upon enrollment. I find this really disturbing as wouldn't you read this as it was given to you by the person who will care for your child??? They have breached a couple of your policies already. Doesn't bode well to me. So under the umbrella of "respecting" you, they are now trying to change the way you operate. It is not your responsiblity that he kept the child home and paid for a nanny. That was his decision, not yours, and he must bear the responsibility of having to double pay for child care. He came looking for alternate care and needs to abide by the policies. Did he short change the nanny because he was also supposed to pay you? Don't think so. I know how tough it is to get clients, I haven't been full myself for a long time, however I would stand firm regarding them paying for sick days. I have a parent wanted a monetary favour and I just stated I wouldn't do it as it wouldn't be fair to my other clients who pay the full fee.
So my opinion is stick to your policy, no rewards for not reading the paperwork. I hope it works out for you whatever you decide after all it is your daycare/your rules :)

apples and bananas
10-22-2012, 11:30 AM
I agree... if you really like this family waive the fee for the 2 days as a misunderstanding, but I would also sit down with them and review the contract/handbook page by page so there are no more misunderstandings. You don't want to be out money, but you also don't want a misunderstanding to make your business look bad.

Good luck! I hope it all works out.

Cadillac
10-22-2012, 12:17 PM
I was thinking about doing that but in the end felt like I should stick to my policies because I have them for a reason and this man did sign beside the sickness agreement. I have parents sign in there contract each most important point such as there fees, overview of policies on vacation, sickness, these parents initial about 7 different things and then SIGN that they've read the agreement.

I explained everything to them in detail and I feel that I shouldn't bend the rules because they didn't listen or read what they were supposed to.

If they even call back i'll try to work something out with them but I really have a feeling they wont. I'm wondering if they assume that I'm on call for them and aren't seeing that their money dollars a day pays my bills.

I agree that it is disturbing that they didn't read the contract. wouldn't you? This is the person I'm entrusting my child to. I dunno. I was totally blind sided . . .

I wouldn't never jump on anyone for their opinion. It's why I posted.

There is such a dry spell out there for care right now but I'm paranoid about being walked all over. the reason I have spaces open is from kicking out a family who did that to me.

dodge__driver11
10-22-2012, 12:56 PM
I am the same as you Cad. in this regard. I make a point of going through everything with each family and askinng them if they have any questions, if they say no and sign everything. It is my believe that they are making an informed choice to sign these things.

JMO.

Dodge

Cadillac
10-22-2012, 01:41 PM
It's just hard to stick to your guns when the pickings are slim. I've had a lot of crazies come by lately and this two day a week child is the only one ive signed in the past couple months.

I feel like these parents want to treat us like nannies and be able to dictate everything no matter what you tell them.

playfelt
10-22-2012, 01:50 PM
The fact that they are coming from the nanny route is another reason to give them the benefit of the doubt in the sense that it is all new to them and they will have to master the differences - ie who is the employer, who make the rules, etc.

One option would be to contact the family rather than wait for them to contact you. Do it with the idea that you feel things got off to a bad start due to misunderstandings and that nanny care and daycare are different and that you think it might be a good idea to start over. To have a meeting to go over the handbook again so that you can explain how it works and explain why.

That has you coming off taking the high road - note you still haven't committed to letting the fee slide at this point just a willingness to discuss it amongst discussing other things. It will be up to the family to decide if they want to procede.

Just as we take new parents through everything with a lot of hand holding it will be double for this family because you are not only going to have to teach them new habits you are going to have to unteach the old habits. But if you think the family has potential then it is worth the effort and especially if times are tight. Doesn't mean you need to let them walk all over you but is the future income worth the effort of dealing with what just happened.

Inspired by Reggio
10-22-2012, 03:18 PM
Personally I would not 'back down' on a PAYMENT issue ~ there are lots of places I am able to give someone the benefit of the doubt of needing 'education' cause the policies in childcare can be a little overwhelming and you might 'forget' something but NOT with regards to my payment ~ those policies are not only clear in my contract which we read and sign but also clear in my handbook again in greater detail which I also read over with them before they 'sign' that they have received it and had any questions answered or clarified.

Sorry but IMO backing down on a PAYMENT issue will only result in the client wanting and thinking that next time they can play 'dumb again' with something else that will work in their favor and you will capitulate .... if these clients were truly 'awesome' they would respect your policy and the fact they 'signed agreement to follow it' and PAY what you are entitled to and due!

I get that times are 'tough' right now I really do ... I am sitting here myself at 3/5 capacity .... but the fact remains if we as providers start acting 'desperate' and lowing our standards around how we expect to be treated fairly and with dignity we will take ourselves back two decades in the progress we have made ~ do not allow someone to disrespect your contract out of fear they will 'bolt' on you stand firm and if they DO bolt on you over it than the reality is they were not worthy of you or our service cause chances are you would have had nothing but problems with them wanting to 'renegotiate' every little thing into their favor where you end up working for less than you deserve!

Momof4
10-22-2012, 05:11 PM
Wow, in my contract every clause has to be initialled by the parents and I go over every paragraph with them when we have our contract signing meeting. Again, this is why I keep my contract short and straightforward so that parents can remember my rules and understand them clearly, no loopholes.

Any time any new parent says anything that is in black and white in my contract I point it out quickly that they have a LEGAL copy and signed all the paragraphs and can check when they get home. But I learned the hard way in my first year never to back down on any clause in my contract or they will walk all over you.

Whatever you decide to do about this payment and whether you keep this family or not get it all out on the table so no more misunderstandings occur. If it were me and I just found out this family has a nanny I would start interviewing and replace them quickly. I would also not let this payment go since you will be setting a bad precedent for the family if you do keep them.

You are running a business. Does any other service worker, doctor, plumber, etc. say, oh that's ok you don't have to pay me for that day's work. NO!!!

Cadillac
10-22-2012, 05:17 PM
Thanks guys.

I think I eill contact him tonight and suggest we go over the parent handbook together so that we can discuss any questions or concerns that they may have. We'll see

If I get a bad vibe I'm letting them go though. I have 6 interviews for a january position and I can buckle down and wait for a better family.

Maybe they aren't so awesome. they seemed to turn damn quick once everything was not in their favour

Momof4
10-22-2012, 05:20 PM
Cadillac, I like to let it slip once in a while to my current families that I have a waiting list and people contact me all the time about spaces. It reminds my clients that they need to value their space in a not so subtle way. When you talk to that parent tonight make sure you let them know that they need you more than you need them! Mention the other 6 interviews that you have set up.

ladyjbug
10-22-2012, 07:17 PM
Cadillac, I like to let it slip once in a while to my current families that I have a waiting list and people contact me all the time about spaces. It reminds my clients that they need to value their space in a not so subtle way. When you talk to that parent tonight make sure you let them know that they need you more than you need them! Mention the other 6 interviews that you have set up.

Yep. Couldn't agree more with this. I was actually in the newspaper in my area regarding the huge demand for childcare and they mentioned the size of my waitlist. I sent all my clients the link. They were sure a lot more appreciative than they had been! It's possible that this guy is just clueless about the process. However, I would think a truly golden parent would have not made this YOUR problem to solve. Everything was there in black and white for him. Best of luck to you whatever you decide.

Cadillac
10-22-2012, 07:38 PM
I sent him a message about meeting and going over the policies together. he hasn't responded.

I now have eight interviews and one is for his spot so . . . . THERE! HA!

(sorry that was a tad immature)

Crayola kiddies
10-22-2012, 08:08 PM
I wish I had eight interviews. ..... or maybe two or three .... But good luck and your right maybe they weren't so golden afterall.

Dreamalittledream
10-22-2012, 09:14 PM
Just think...they are going to be getting a huge awakening (& hopefully some regret) when they get to the new day home and policies are the same.

BlueRose
10-22-2012, 10:50 PM
I now have eight interviews and one is for his spot so . . . . THERE! HA!

(sorry that was a tad immature) :laugh:
We work with kids all day, we are aloud to be a little immature every once in a while. :D:yes:

Cadillac
10-24-2012, 05:54 PM
Update: I texted the parent and said that I would like to start again and would love the whole family to come over so that I can go throug the handbook with them so I can better explain my policies and I told him that having a nanny is so different from daycare so I understand that this may be all new to them . . . . blah blah blah. I was very nice and very professional.

I can see that he read the message (I phones tell you)

It's been two days and he hasn't responded

Inspired by Reggio
10-24-2012, 06:07 PM
That sucks ~ do you think they have decided to return to the control of a nanny?

Momof4
10-24-2012, 07:37 PM
Cadillac, get your money, cut the ties, move on, wishing you good luck.

Cadillac
10-24-2012, 10:39 PM
They had both. the little one was just coming to me for socialization with kids his own age.

got the money. just waiting for the two weeks to be over so I can write this family off officially

mom-in-alberta
10-25-2012, 10:05 AM
Aw, too bad. I don't think you would have wanted them in the long run. As it's been said, there is a huge difference between a nanny and a dayhome, and something tells me that would have caused problems. They would have continued to treat you as their employee. Would have ended badly eventually.
Good luck with the next family!!

daycarewhisperer
10-27-2012, 09:24 PM
They just want to pay for the days they need day care and not have any obligations for any scheduled days should they not need it. It's called drop in care. LOTS of people want drop in care but few are willing to pay a rate that would make it worth it to the provider to only receive income when the parents needed care. What people want is drop in care for a daily rate that is equivallent to one fifth of a week of full time care. What people really want is that one fifth daily rate to be cheap too.

You are always going to run into people who want dependable drop in care that is cheap and always a "yes you can come whenver you want". The problem is finding a provider who can afford to just have the income when someone happens to need them that day.

Many many parents believe that what they are paying for is the physical care and supervision of the child on the day they bring them. Providers who only charge for that go out of business real quick like. There's no money in physical care and supervision of children. The money is in the "housing" of the child and the utilities and goods, equipment and space needed to physically have the child in the house. That has to be paid for whether the child attends or not. The physical care and supervision is a small fraction of the cost. Parents believe it IS what they are paying for. That disconnect is what leads parents and providers coming to the relationship with completely different mindsets. It's our job to educate them about what they are really paying for. It means having the conversation that's not in their financial best interest. It means saying that what they believe they are paying for is really incidental to what we need to be able to offer services.

kidlove
10-29-2012, 10:11 AM
The most important thing here is that you make sure this family knows that although you value them and are willing to waive a fee this time ( if that is what you decide) they clearly understand that they not only need to read the handbook through and through and call with any questions as to get everything completely understood before providing MORE care, but they need to know you will not be giving ANY MORE "waives" in the future. I have had parents do this before and continue to try through out our parent/provider relationship. Can really put a strain on things and sometimes ends badly. Hopefully they really did just not read your contracts and are not tryingto push and move things to better suit themselves....have had many like that in the past....not fun. Make sure everything is clearly understood from here on out. Good Luck!

mamabear
11-07-2012, 04:04 PM
Soooo, did you ever hear from them?

Fearlessbaby
02-07-2013, 08:28 PM
Hi Cadillac, I think you were right to stick to your guns- it was inconsiderate of him to blame you for his obvious mistake. He didn't read the manual and then tried to make you feel guilty because he paid his nanny. If you ask me, he sounds very patronizing. I know you said that he seemed nice in the beginning- but first impressions are sometimes not always true . This is a business relationship and he did not respect that- good on you for telling him to pay what he owes. I don't know any other business where people can cop out and say "Oh I missed that part"- you wouldn't see a cell phone company saying "Oh that's ok, just pay me next time"- Come on, let's respect ourselves as dcw so that parents can respect us too.