Termination problem

Hello everyone, This is my first time posting!
I am having a problem with a set of parents. I terminated their 3 children a 2 year old boy and 1 year old twins due problems they are having with the 2 year old at home.He is hitting his mother and talking back to her . I don't have any problems with him whatsoever They are bringing their problems to me and blaming my daughter and my other daycare children for his bad behaviour . I gave them 4 weeks notice on October 30 for 4 weeks, that is in my contract.
They found a spot at a center daycare for the 2 year old(his last day was friday) and now are not paying me for his spot and are paying me weekly for the twins until they find them a spot.
correct me if i'm wrong are they not supposed to pay you for the entire 4 weeks regardless if they find spots.

Technically they have to pay what your contract says...and your contract needs to be very clear and concise so there is no wiggle room to get out of payment. BUT, since I always have parents pay 2 weeks in advance of care I only had a 2 week notice needed...as it is much harder to collect 4 weeks of payment once the child is gone then the typical 2 weeks. If you want the money for the 2yrs old you will likely have to threaten to not provide care for the twins while they search for other care...so they have a reason to pay. They pay for all 3 spots or forfeit all 3 spots immediately. This again, will depend on what the signed contract states.

Assuming you took a deposit towards the last two weeks of care then they are out one week. At the same time it rarely happens that a family can make the move at exactly the time given. When you give notice it is somewhat understood that you are required to give the full notice but if they leave before that there isn't much you can do because they have to take a space when it is available and not fair that they should have to pay twice for a space when they are the ones being asked to leave regardless of the reason.

Would you consider keeping the twins if they are putting the older in a centre if he was the issue.

Quote:

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Originally Posted by pjlemm

They found a spot at a center daycare for the 2 year old(his last day was friday) and now are not paying me for his spot and are paying me weekly for the twins until they find them a spot.
correct me if i'm wrong are they not supposed to pay you for the entire 4 weeks regardless if they find spots.

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The only thing they have to pay for is what you have specified in your contracts. Sadly, as we are self-employed, there's no legislation for our service contract so your agreement with any client is just that, what you agreed and included in the contract. If information is missing, then sadly, there's nothing you can do in retrospect.

My contracts state that either party can give the other 4 weeks notice in writing but they go on to further state that fees are due, regardless of attendance, even if during a notice period.

Do you normally charge for non-attendance when a child is off?

It's worth getting specific in your contracts especially when it comes to instances where you are terminating. Otherwise, the client may feel that you only gave them so much notice because you had to and they are doing you a favour by leaving early since you are the one wanting them gone.

Likewise, they might well thing "stuff you" since they've had to find alternative care.

Unless you are very clear in your contract that fees are due during a notice period, even when it's you who has terminated, they don't have to pay for anything more than the contracts states. Their view is likely they ended the care contract early and so don't owe any more fees.

Edit - Also, it sounds as if being paid weekly for the twins is not what your normal pay arrangement is? If that's the case, then they don't get to change the pay periods and you need to enforce what they are meant to do.

I think, reading between the lines, they are understandably annoyed at having to find another carer and may be intentionally trying to be difficult and/or thinking that if they find the twins a place soon, they don't want you having more than the minimal fees in advance as they don't intend paying for for their places either, if pulled before the end of 4 weeks.

I would never have given more than 2 weeks notice when terminating. I imagine things are very uncomfortable with them now. What does your contract say? My contract says:
I reserve the right to discontinue childcare services for the following reasons (notice can be from immediately to two weeks depending on the situation):
*Failure to pay
*Consistent late payments or NSF cheques
*Consistent late pickups
*Failure to follow policies and procedures as referred to in this contract
*Failure to follow my sick policy (consistently sending sick child to daycare)
*Failure of the child to adjust in a reasonable amount of time
*Extremely aggressive behavior from your child towards other children or myself
*Disrespect, physical or verbal abuse of any kind directed toward myself, other children, other parents or my property.
*Inability of myself to meet the child’s/parent’s specific needs

In the event I feel the need to discontinue care immediately I will not refund any money paid. If two weeks notice is given you are required to pay for those two weeks.

I would not allow them to pay weekly for the twins if that is not what you normally do. I get paid 2 weeks in advance.