Advice Needed - Probationary Period Over?

I have had a daycare spot filled since July for care starting the last week of August. I collected a two week deposit from the family. In my contract it states that the first two weeks are probationary, and that either party can terminate the contract during this time without penalty.

Mom called me yesterday and said that she thought I was great, but that her almost 3yo was coming home "acting like a baby" because I have two 2 year olds and a 16 month old in my care. she wants to move him to a daycare with older children. Fine, whatever. I think that's odd, but it's her child, and not my call.

She wants her deposit back. She paid a two week deposit for a three day week, which is what he was scheduled for. He attended two days last week and two half days the week before. She paid me for these two weeks. She called me on Sunday to tell me he wasn't coming back for today, his first full week. I told her I'd have to think on it and that I'd get back to her re her deposit. IMO, her two weeks are up. He came, he attended, and through no fault of mine, she decided to pull him out.

What do you guys think? Do I owe her the deposit?

If he has already completed 2 full weeks of probation and THAN Dcm pulls him out after the probation period, than no. You don't owe her her two weeks. She owes YOU 2 weeks notice, or payment in lieu of.

BTW...that is a very strange reason for pulling out a child.:no:

I thought so, too. But...she insists that she loves the care I have given him, and everything else is fine, and that her son LOVES me. Shrug.

So, he's come two half days and two full days, but over a two week period. End of probationary period, right?

It would seem to me that she needed to let you know by Friday if she was unhappy. Is she set in her decision? Has she found someone else? I would suggest you say you reviewed the terms of your contract and she is still entitled to 2 more weeks of care or she can leave immediately and forfeit her deposit.

I would also suggest taking this out of your contract! Why screw yourself over like that? My contract states they give a 2 wk deposit that can only be applied to their last 2 wks of care if one months notice is given. That gives me a month to either juggle some finances or find another family. I don't offer a probationary period however if things are not working out at any time I offer the family their deposit back in lieu of notice but only if I can't manage the situation for the month.

This is an interesting question. Didn't she call you at the end of the two weeks though? I would assume she is still within her rights because he didn't come for a third week. As long as he hasn't started the third week yet, she is giving notice after two weeks.

I would agree that her two weeks is over. It is not by the amount of days that they are present, but the weeks gone by. Maybe she misunderstood your contract, and thinks that if she didn't let the third week begin, then she is still fine as he never started the third week.
Her reason for pulling is very weak. Maybe she has changed her mind about putting him in care (as 3 is old to start a new daycare, unless he came from another one), and is giving you a lame excuse. Either way, it really doesn't matter.
If you want to try and salvage the situation, maybe explain to her that her son is probably just going through a temporary "regression" of sorts due to just starting a new daycare. He is probably just a little bit sucky and needing some reassuring from his mom after being at daycare, and she is putting it to the ages of kids you have in care.

Good luck with whatever happens. I hope she honours your contract and decision. If she gives you a hard time, I would probably give back her deposit or come to a comprimise of returning one week.

Her deposit is for her 2 weeks notice. With that said let her know she can still send him for his last 2 weeks. I sort of understand how she is feeling she wants her 3 year old to play with peers the same age. But then she should have sent him to pre school vs daycare.