No point to this post...

[flowerchild]

...except to just get this off my chest.

I decided to have my clients resign contracts in January, as I change/make adjustments throughout the year and it's easier to have everyone on the same contract otherwise I can't remember who has the old contract and who has the new one etc.

I got a text from a parent tonight asking for clarification of full payments on stat holidays and if that was new (it was) and was I OK with having less than two weeks notice for days off (contract says two weeks notice or full payment - not new).

I texted back that the stat payment part was new and that they were welcome for last minute days off but that they still had to pay because I had already planned for their child to attend/bought food/etc. I didn't even get into the fact that I need to be able to have a predictable schedule to be able to pay my own bills.

I have a hard time standing up for myself, so I'm proud of myself for sticking to my contract. I just hate feeling like I need to justify being paid. It would have been so easy to just say "oh, it's fine, don't worry about it." But I need to feed my family too and I can't afford have an unplanned reduction in income just because they have a light work day and decided to take a day off, you know?

I also feel a bit undervalued. It also didn't help that two of three parents were late today too. :(

[5 Little Monkeys]

Awesome!!! Be proud that you stood your ground :)

Those are pretty common policies so don't feel like you are being unreasonable! It's good that she asked for clarification though, now she can't play the "I didn't know.." card.

[mickyc]

Agree! Good for you! I also redo my contract yearly for that exact same reason. I am really pleased to hear your families actually read it! LOL I did a big change last year to my part-time policy and the one family I had that was part-time didn't read it and of course when they began switching days around but I continued to charge them for the original days they had booked as well as the new ones they got all confused (and slightly upset). I emailed her the part in her contract that stated she is to pay for all original days booked and any switched days will be considered additional days. Needless to say they quit switching days immediately!! They did end up giving their notice and it was sad they left but I didn't like their schedule being all over the place.

[Rachael]

... otherwise I can't remember who has the old contract and who has the new one etc.
This is what prompted my reply - this is a terrible idea. You MUST have a copy of the signed contract so you can see who has what terms and conditions. If you get taken to court and can't produce the current contract, you have zero means of proving your statements. A blank/generic contract without the client's signature has no value in court.

If I am understanding you, you make changes throughout the year but only issue a new contract detailing them in January?

You can't enforce any changes you make throughout the year, unless you can prove your client agreed to that change and again, that's only though a signed contract. Without a signed contract with the changes, the only agreement that can be enforced is the latest signed contract i.e. your old one.


I got a text from a parent tonight asking for clarification of full payments on stat holidays and if that was new (it was) and was I OK with having less than two weeks notice for days off (contract says two weeks notice or full payment - not new).

I texted back that the stat payment part was new and that they were welcome for last minute days off but that they still had to pay because I had already planned for their child to attend/bought food/etc. I didn't even get into the fact that I need to be able to have a predictable schedule to be able to pay my own bills.

No.

You can't do that.

You cannot introduce something new and insist on it without their written agreement. YOU are in breach of contract. YOU can be sued.

The contract you have with a client is written and signed by you both. You cannot change that without their agreement and without a new contract - nor can they. How would you feel if they suddenly decided that the rate they would pay is 50% of last years? You wouldn't let them make that change without your agreement, would you? Likewise, you cannot make changes without their agreement.

You can inform them of a change, issue a new contract and expect it to be signed by a set date but if the parents don't want to accept it, then they don't sign the new terms, and when your stated date comes around, the original contract is expired and therefore they have no contract of care - it's merely ended on that date. And no, they don't have to give notice, they just have to get to that date. In that situation, you are considered to have ended the existing contract. You have to return all funds you were holding.

You absolutely do not have the right to change the terms of their contract so that you are paid for stat days if you weren't before. If their agreement stated that you needed two weeks notice of time off and if that's what they signed, then yes, you can hold them to payment with less than 2 weeks notice.


I have a hard time standing up for myself, so I'm proud of myself for sticking to my contract. I just hate feeling like I need to justify being paid.

And it's great that you did enforce your contracts - in terms of the two weeks notice of time off or they have to be paid. Well done, I know it's hard.

But in terms of the stat days and making them pay - if that's new, and not in your contract with these parents, you are on very dicey ground. Strictly speaking, they can now claim that you breache the contract which was for no payment on stat days and so now, they can walk away if they want and don't have to give you notice or anything. They can sue you for breach of contract and any monies you owe them so if they don't return, I'd advise you to refund any fees you have or risk being taken to Small Claims Court where you will also be made to pay their costs.

Sorry for the bad news.

[mickyc]

Not true Rachel. It is all about how you write your contract. I do the same thing (renew my contract yearly). In my contract I have a part that states that I will update the contract yearly and supply each family member with a new copy. They do not have to sign anymore as I now email it out to each family so that I have proof that it was sent. I also state that any major changes (like fee changes) would be given 6 months notice. So families would have lots of time to find alternate care and still give their 3 weeks notice that I require.

It is all how your contract is worded. No you cannot just change the terms whenever you feel the need, you must give proper notice but given proper notice a family can then decide if they want to stay or go but they still need to give you the proper notice as well.

[Rachael]

Not true Rachel. It is all about how you write your contract. I do the same thing (renew my contract yearly). In my contract I have a part that states that I will update the contract yearly and supply each family member with a new copy. They do not have to sign anymore as I now email it out to each family so that I have proof that it was sent. I also state that any major changes (like fee changes) would be given 6 months notice. So families would have lots of time to find alternate care and still give their 3 weeks notice that I require.

It is all how your contract is worded. No you cannot just change the terms whenever you feel the need, you must give proper notice but given proper notice a family can then decide if they want to stay or go but they still need to give you the proper notice as well.

Yes and No. LOL

Providing notice of a change by e-mail is acceptable because it's in writing provided your contract has a clause stating that is the normal procedure. Then with that written proof of notice of change, combined with the original signed contract which includes this procedure and a client's continued presence in the day care after the change is implemented, then yes, that's acceptable.

BUT

Reading this post, and I did state ..


If I am understanding you, you make changes throughout the year but only issue a new contract detailing them in January?


She can't do that if it's literally being done how she's stated.

Right now, her post implies that she doesn't have the original contracts. That implication comes from the statement that she can't "I can't remember who has the old contract and who has the new one etc." which suggests strongly she doesn't have the documents to refer to. Also, her post implies that this is a new decision, from the statement "I decided to have my clients resign contracts in January". It doesn't say that this is her standard practice.

So, if she's making changes throughout the year, and if I'm understanding it correctly which I did question, she's not telling parents in writing that this change has been made and giving them a date when it will be effectively from, then she can't do that.

I think we are both reading this post entirely differently.

I think you are reading it from her having the original/current contracts, informing of changes throughout the year (in writting/by e-mail/in some manner that leaves an evidence trail) with dates of change being effective, and then every January a new contract is issues which includes historic changes clients have agreed to?

I am reading it that she doesn't have the signed contract (since she doesn't know who is on what contract), is making changes throughout the year and is now issuing contracts which summarise changes?

This might be a simple matter of two countries separated by a common language and maybe I'm misunderstanding and being too literal with the text written.

Maybe some clarification?

[flowerchild]

Right now, her post implies that she doesn't have the original contracts. That implication comes from the statement that she can't "I can't remember who has the old contract and who has the new one etc." which suggests strongly she doesn't have the documents to refer to.

Sorry, I can see how that would read that way. I do have the original signed contracts.

I had been making adjustments to my contracts/policies and then just using that contract for new clients. So everyone's contract read a little bit differently. I decided to have everyone resign the contract so that everyone's was the same. Part of this was so that I would give people the correct answers to questions because they all had the same contract. I also didn't think it was fair for different clients to have different "rules" (ie. family x pays me for stat holidays but family y doesn't have to etc)



Also, her post implies that this is a new decision, from the statement "I decided to have my clients resign contracts in January". It doesn't say that this is her standard practice.

This is only my second year, so it's becoming my standard practice. Maybe I should add a statement to that effect into the contract.

[flowerchild]

So, I'm a little freaked out now since reading the other posts. I had no idea what I did was such an issue. Should I let them know tonight at pick up that they have the option of not signing the new contract and sticking to their old contract?

Thank goodness all the children are sleeping so I have time to calm myself down.

[mickyc]

I do exactly the same as you do. Each family has their contract and I have a copy as well. Over the year I make changes to my contract (not giving anyone a new contract unless they are new families). I do not inform any of my current families of any of the changes I am making over the year. They will find out in December when they get the full contract. I do agree that it is confusing to not remember who has what in your contract unless you go dig it out. It is better if everyone is on the same set of rules. I do however give lots of notice of any major changes. I gave my families notice last year in January that my fees were going up as of July 1, 2015 - so a year and a half notice lol. For little things such as increase to late fees etc the 1 month notice is all I give (and my contract states I will give a minimum of one months notice on all changes).

In all honesty I would just leave it now. Next year just make sure you give a bit more notice of any major changes and make sure your contract states that you will be giving out updated contracts yearly and notice of any major changes will be one month or more. In all reality the next stat day isn't until Feb (in my province anyways) so really that is lots of notice. If they don't like your new policy then they can leave.

Is it common practice in your area to not have families pay when they are away?? This is something I don't do. If a family is away they still pay full rate. I did start giving a small reduction of $5 on the days they book for holidays providing I get 1 month's notice. This is a must. No month's notice, no reduction in the fee for your days off.

[Rachael]

So, I'm a little freaked out now since reading the other posts. I had no idea what I did was such an issue. Should I let them know tonight at pick up that they have the option of not signing the new contract and sticking to their old contract?

Thank goodness all the children are sleeping so I have time to calm myself down.

Sorry, I didn't mean to freak you out. My past career had a hugely heavy part for legislation so legal matters and documents are my strong point and I'll admit I'm a bit fanatical about covering my a$$ legally. As you can see, I was reading your post as being a different situation than what you meant.

You have to decide what you want to do.

I wouldn't give any client the option of sticking to an old contract if I wanted change but likewise, I wouldn't be offering up a new contract if I was okay trucking alone with the old one.

Take a step back a minute.

Firstly - is the issue of this new contract really new? If you are just documenting changes already made, already agreed to and which your client base is already aware of, stop calling it a new contract and consider it one which accurate reflects the agreements in place.

If that ^^^ is your true situation, then yes, issue a revised document but word the issue of it carefully so parents understand this isn't a change to the agreement in place.

i.e.

Dear Client,

Please find enclosed an updated copy of your agreement with me. This update is being issued for your signature with the intention of keeping all documentation current. It documents the following previously agreed changes...

#1 - As per my e-mail dated 10th Feb 2014, all stat holidays will be paid for by clients whose children are registered for care on those days. The day care will not be open on stat days.

(** - Double check what really is a stat day in your province. Here in NS we don't have many actual stat days - Boxing Day, isn't a stat here amongst others. So be really sure that when you say stat days, that you aren't including/expecting days which aren't actually a stat where you are).

2. As per my e-mail dated 15th March, day care fees are now $x per day.


Whatever - list out all the changes you made and they agreed to. Primarily this is so they can't tell you that they didn't agree to a change because by remaining in your care, they have accepted the new contract.

If your contract isn't actually a new agreement, then why offer the option of them returning to the old one?

However, if the new document does include some changes you don't have prior agreement to, then think carefully. They don't have to accept a change. They can decline. This does mean that you ended the agreement as it was. And they don't have to give notice if they aren't accepting the changes. They can just remain under the old contract until the un-agreed change comes into force at which time, you changed the agreement and the old one has expired.

[Rachael]

Over the year I make changes to my contract (not giving anyone a new contract unless they are new families). I do not inform any of my current families of any of the changes I am making over the year. They will find out in December when they get the full contract.

I think this is where the communication is failing on my part.

Do you mean over the year, you identify changes you would like to implement at a future day but you don't actually change the existing contracts or introduce the changes until a set date (December) when the new contract is issued to be read and signed?

If so, that's a whole different situation to changing the contracts throughout the year.

I think you are just identifying changes and updating your own master version of the document not changing the contract as in the legal agreement between two parties?

[flowerchild]

I do exactly the same as you do. Each family has their contract and I have a copy as well. Over the year I make changes to my contract (not giving anyone a new contract unless they are new families). I do not inform any of my current families of any of the changes I am making over the year. They will find out in December when they get the full contract. I do agree that it is confusing to not remember who has what in your contract unless you go dig it out. It is better if everyone is on the same set of rules. I do however give lots of notice of any major changes. I gave my families notice last year in January that my fees were going up as of July 1, 2015 - so a year and a half notice lol. For little things such as increase to late fees etc the 1 month notice is all I give (and my contract states I will give a minimum of one months notice on all changes).

Thank you for this. I'm glad I'm not completely off-base in how I was doing things. So, I guess the issue was that I didn't have in my contract that I will renew my contract every January?


In all honesty I would just leave it now. Next year just make sure you give a bit more notice of any major changes and make sure your contract states that you will be giving out updated contracts yearly and notice of any major changes will be one month or more. In all reality the next stat day isn't until Feb (in my province anyways) so really that is lots of notice. If they don't like your new policy then they can leave.

Really? Rachael's post has me all freaked out now.



Is it common practice in your area to not have families pay when they are away?? This is something I don't do. If a family is away they still pay full rate. I did start giving a small reduction of $5 on the days they book for holidays providing I get 1 month's notice. This is a must. No month's notice, no reduction in the fee for your days off.

I give my families two weeks that they can take off as "vacation days" each year and any other time off must be paid in full. To use them for a week or more off at once requires one month's notice and to use one or two at a time requires two weeks notice. I figure it's a balance between having them pay no matter what, but prevents me from losing 7-8 weeks of income if they take a lot of time off, you know?

[mickyc]

Rachel: yes that is exactly what I do. during the year I make changes to the master and then everyone gets a new copy at the end of the year. during the year though if someone new starts then they get the updated contract as it is at the time so potentially different rules for everyone.

That is how I understood the original post as well.

flowerchild: don't worry about it. just adjust it next year saying that you will be renewing your contract every January and that any major changes will come into effect 1 month (or whatever you choose) after you give your new contract. If they don't like your new policies they still have enough time to give you proper notice that they are leaving.

[Rachael]

Rachel: yes that is exactly what I do. during the year I make changes to the master and then everyone gets a new copy at the end of the year. during the year though if someone new starts then they get the updated contract as it is at the time so potentially different rules for everyone.

That is how I understood the original post as well.

flowerchild: don't worry about it. just adjust it next year saying that you will be renewing your contract every January and that any major changes will come into effect 1 month (or whatever you choose) after you give your new contract. If they don't like your new policies they still have enough time to give you proper notice that they are leaving.

LOL. Phew.

OMG - I was sitting here thinking "how can they change the contracts all through the year and think that's okay".

As said, two counties, separated by a common language. It's not always obvious, is it?

[flowerchild]

I think this is where the communication is failing on my part.

Do you mean over the year, you identify changes you would like to implement at a future day but you don't actually change the existing contracts or introduce the changes until a set date (December) when the new contract is issued to be read and signed?

If so, that's a whole different situation to changing the contracts throughout the year.

I think you are just identifying changes and updating your own master version of the document not changing the contract as in the legal agreement between two parties?

Yes, that's what I'm doing. Noting changes on the master copy throughout the year and then issuing the new contract at the start of the year.

This is not as bad as it originally seemed then?

[Rachael]

It's fine.

I took your wording literally and thought that you changed your client agreement as and when you wanted and then sent out a new contract confirming them all afterwards.

I don't know how to word it so you understand what I thought you were doing. When you said you were changing the contracts throughout the year, I thought you meant you were literally changing the contracts, adding new conditions and enforcing them and only sending a new contract for signing at the end of the year following a load of changes you introduced through the year.

I now understand that although you said you changed the contracts throughout the year, you really meant you thought about what changes you wanted to introduce, documented them and made several changes policy by issuing new contracts which detailed the changes you'd been thinking about adding.