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View Full Version : What to Do??????



katherine mowat
08-19-2011, 10:20 PM
Hi everyone, I'm new and I have a question. I took on a dcc, beacuse I felt very sorry for the mothers situation, and agreed that I would only have her for two days a week. In order to keep this little person I spent a lot of time and effort to find another famil that would only need three days, that way the two would only count as one. So FTER PUTTING UP MUCH DRAMA, they pulled her and refused to pay for 9 days care, and the one month of cost for not giving me notice. Oh, the reason they pulled her was beacuse after 6 weeks of care they were still making excuses as to why they had not brought the contract, and last night I informed them no contract no care. Essentialyy it was let slip that they didn't want to sign the contract beacuse they were wating for a subsidsed spot, and as soon as they were to get it they were going to pull her with out notice.
So essentially my question is, can I take them to court for the monies owed, even though they didn't sign the contract? My thought is that if they entered into the an agreement even verbally then they should be made to hold up to it. Am I being unreasonable?

Spixie33
08-21-2011, 07:03 PM
Sorry to hear that.:ohmy::ohmy: That must be stressful for you.
I am not sure what your legal repercussions are or whether it will be worth your time and moneyto take them to small claims court. I am not familiar with what the costs might be or whether you have a good chance of recovering any money.
I think you might just have to take it as a loss and learn from it going forward...but that is just my opinion.
I would make sure you receive a SIGNED contract back at least two days or a week before any child starts in care and tell parents during the interview that it is mandatory to have the contract back X amount of days prior.
I would also ask either 1) a deposit before the ever starts or 2) payment for the week/days ahead on the first day of the week. I hold a deposit of one week's pay for all my parents. I know some other daycare providers in my area ask for payment upfront every Monday morning for the week ahead or else no care.
Either choice you are covered if they walk.
Worst thing that could happen to me is someone walks at the end of the week but at least I have a one week fee held that I would just use to cover my work for that week.
I hope you can get the matter straightened out. Maybe they will have the decency to pay you.
Maybe you could place a phonecall to them and ask them for the fees or ask them when they will pay you and remind them that you have given your time, provided food and care for those days and are fairly owed renumeration for those days and the work you put in.

mom-in-alberta
08-21-2011, 07:09 PM
Oh, boo. That is a junky situation.
CAN you take them to court? Yes, you can sure try. Is it going to be worthwhile for you? Maybe not. My advice would be to talk to a small-claims type lawyer. Unfortunately, the challenge with our career is that once our services have been provided, there is very little recourse available when someone stiffs you. For this reason alone, I collect my fees upfront. Without a signed contract, it just makes it that much more difficult.
It is too bad that this family screwed you in they eye, but truthfully, it happens sometimes. Hopefully you can fill that 2 day spot, or that it works out for you otherwise. Clearly they had no intention of being honest with you from the get-go.
I am not an expert though, maybe someone else has better advice? Luckily I have not dealt with this scenario personally, but only heard from other's experiences.