Daycare is steeling money from me

Hello, i'm in a awkward situation, I gave my home daycare provider 4 week advance pay last week to be nice before the holidays instead of a post dated check for the two other week. The next day she informs me that her daily rate will increase of 15$ per day. This situation is unbelievable, as if I would accept that. I then ask her if i can have the advance money I gave her. She says yes, but when it was time to pick up the reimbursement, she didn't gave it to us, she says it's in my contract, that I have to pay her two weeks for the Holidays and two weeks notice (4 weeks total = 1000$). But in my contract copy, no where it says that, and she doesn't want to show me her contract version, that's telling me she's lying. I don't believe I will see my 500$ back. But is there somebody that know what I can do about it?
Thanks for any help it's greatly appreciated

She needs to put the fee increase in writing and give you a notice period longer than the notice in the contract to end care as in you can end care because of the notice without penalty. Sad to say but this is the kind of provider where the parent needs to threaten to go to small claims court and if there is no where in your contract the info is posted then you should be fine. The chances of seeing the money again are likely nil without involving something legal but you would have to decide if it is worth it. You could also speak to the other parents in care and maybe together you can determine what is going on and what to do moving forward. They will have been given notice of the fee increase too and if not then no reason just you has to pay it.

Tell her you will file a small claims case against her and see if she ante's up the cash that is yours. You can do a small claim yourself at little cost and generally, people will settle out of court...specially if she is full of BS.

There is no central body who oversees child care providers in each province however, if your carer is a registered carer then the agency or community services in your area might be able to assist/mediate. If she's an unregistered provider, then you have no way to get help other than through the Small Claims Court.

Although any carer can increase their rates, is usual to provide notice of that change. It doesn't matter what she claims to have on a contract, especially if it's different than yours and if she's not willing to provide you with a copy.

I would lay out your stand-point firmly in writing and include a copy of your contract. If the contract doesn't cover how a fee increase will be handled, then that's the providers issue, not yours.

Your agreement is that she provides care between certain hours on certain days for a certain price. Hopefully your contract details these and is signed by both parties. Be clear in your letter than you are NOT agreeing to the increased fee she is proposing, that your contract does NOT detail that two weeks closed over Christmas is to be paid. Tell her clearly that she is not entitled to keep the advance payment you provided, that she is in breach of your agreement and that if need be, you will pursue her through Small Claims Court where it will be more expensive because not only will you be seeking a refund but you'll also be seeking court costs.

Bottom line - you need to seek a new carer immediately and deal with this issue in parallel.

I agree with Rachael,

Write a firm, clear and detailed letter. Use Rachael's notes as a guide. She is using her power of you being in need of her services to manipulate you. She is hoping you are too scared and uninformed to stand up for yourself.

I would find new care immediately as this is not the characteristics of someone that should be taking care of children.

As kind as it was of you to give her advance pay, which i'm sure would be appreciated by many at this time of year...be very careful in the future. She should be budgeting herself to not need advance pay. Typically, people that need money in advance are not in the position to do without the money later on. So giving 2 weeks extra pay ahead means they end up 2 weeks behind pay when they normally would have received it and they don't come out ahead!

I used to work in legislation in a past life. If you would like to send me details of what your contract actually says, I'll draft you a letter for your provider and PM it back.

It will only take me about 10-15mins to draft it but I need to be able to quote the specifics from your contract.

It would be useful to know what Province you are in, that way, I can look up the Court Costs in your area, and then it will be clear to your provider, how much more expensive it will be if you take her to court.

WOw, that is not right!!

Hope you get your money back!

Your two wks notice would be the two wks holidays. Not four wks all together. U need two wks pay back. You have your contact that she signed to fight it if need be. I'd just say something like " I sought out some legal advice and I am entitled to two wks pay back as my two wks notice counts as your holiday pay on those two wks and it doesn't state otherwise in the contract I have. I'm not wanting to go to small claims court to fight it but that's a lot of money and I am wanting it back" usually just the scare of that scares most of them in giving the $ back. Hoping for the best.

Hope this was resolved! I am sorry that you are dealing with this

oh that is frustrating!! I agree with what all the others have said. She cannot just change her fee just like that!!

Good luck.