So this is a first. We took our LO out of daycare for 5 weeks due to illness. As agreed with provider we paid full fees for 4 weeks to "hold" spot. Out of nowhere provider says they cancelled contract after the 4th week and will not refund the "holding" money claiming two week notice. Advice? Seems very unethical, rude and unfair. We are out $400+ now.
I'm a little confused. You paid $400 for 4 weeks? You are paying $100/week for childcare? If so, then I think I see part of the problem but I can't be certain in case I'm wrong about that.
I would never cancel a contract if clients were paying full fees for a leave of absence, no that would be unfair. However, if the contract states that I or the clients can provide 2 weeks notice and terminate then that is allowed. It depends on how the contract is worded. I suspect this caregiver interviewed other families while you were on your sick leave with her and she filled your space and is now giving you notice. Maybe she was worried you wouldn't come back at all and decided that she better fill the space? I'm not sure.
Maybe it feels unfair but it could be possible that this caregiver is within her rights.
Sorry I used the $100 mark for simple math, it is little more then that.
I agree that in our absence the provider found someone else. But still why was I paying all this time for? In the contract it states that full fees are due in case of as absence. If anything this is a very dirty move. When confronted provider did not budge.
Quote:
Originally Posted by Momof4
First, I'm sorry your child has been so ill as to have missed 5 wks of daycare. It leads me to believe it might be serious and maybe your plates are full enough, without this added stress. I hope she/he is on the mend :)
Though I don't know all the ins and outs of the situation, or the relationship you had with your provider, I tend to agree that the move seems a little unsavoury. I'm not sure I'd be comfortable pulling a move like that, but on the same token, I tend to lean a little too far in the other direction. Like Momof4 said, depending on the wording of the contract, she may well be within her rights to do this, although, yes, it sounds a little sneaky. But AGAIN, not wanting to disparage a fellow provider unfairly, I really only know what's in these message windows.
Regardless, I'm terribly sorry for your family. It's a pretty awful feeling when you have the impression you've been screwed over.
I am wondering why a provider would replace your family if you've been paying. That seems very unorthodox and suspicious to me. You are living up to your end of the bargain by paying fees. Why on earth would they cut you loose?
Sorry to hear that your son/daughter has been so ill. :(
I hope things are on the upswing.
Without knowing ANYTHING else about this situation, it doesn't seem very fair. But, what reason were you given? They must have said something about why you were being let go? It is rare that an issue comes up, out of "nowhere". Chances are, something has mitigated this decision.
As to whether it's allowable for your provider to do this, I would have to see your contract. I don't think I would feel right about it, though.
Yes, we need more info. I do know that providers typically do not terminate good clients - it's just too much work to interview and replace a child. It is always easier to keep a family already in care. So that seems a little strange to me that she would just cut you loose.
Also, if fees are due regardless of attendance (this is very normal and in most contracts) then even though she let you go she was still within her rights. Your paying for daycare and not using it really doesn't come into play here. You were responsible to pay for it anyway. Therefore she doesn't owe you any refund.
Perhaps you could elaborate on this situation so we have the opportunity to get a clearer picture so we can more accurately comment.