Need help with finding my ‘backbone’ :mad:

[Mamma_Mia]

Here’s a little back story:
Hubby and I had a very hard year last year. I went back to work from Mat.leave in January, went on vacation that April and was laid off the Thursday of my first week back. E.I. was just at 600hrs so I received the bare-minimum. We struggled badly we managed. Then hubby’s company was very slow they cut back and in August laid him off. We had no choice at that point but to sell my DREAM house He ended up finding another job but we already knew that financially we couldn’t hold the house on his income alone even if I had dck (I was paid pretty well at my job). Now we found a great smaller house further east but I still have to be bringing in some $$ to help out even though it is much easier.

Ok this is why I have been having such a hard time with my ONLY f/t dcg and keeping/terminating her. As some of you know I’ve been having a hard time mostly with the mother’s total disrespect of me and disregard of my contract!

Thinking of today is making me very very M.A.D - Mother texted me (she seems to not know how to use the telephone for speaking…..ever) this morning at 7:30am, when she is supposed to arrive, that due to the bad weather she doesn’t want to risk being on the roads and will stay home with her daughter. She also said she would be by in the afternoon to drop off my payment. Fine. I waited until 5pm before I text her asking if she was still coming since I have errands to do. She says she’s at the Dr and will come by right after. I left my house at 7:45pm……we went to visit with my parents. Got home and $ was in the mail box…..ONE DAY SHORT! She must be confused because of a) Monday’s holiday or b) today.

Either way her contract clearly states “Unpaid fees are subject to immediate suspension or termination of care unless reasonable arrangements are made and accepted by both parties. Full time and part time fees are based on booked days, not attendance, therefore parents are responsible for fees whether child attends or not. (This also includes sick days, statutory holidays and vacation time).” A list of the statutory holidays is listed below this.

She short paid me a day two weeks ago and I was afraid to confront her in the fear of losing my only solid income. I ended up printing off a copy of the contract that she signed and highlighted in neon yellow this exact area, at pick up I handed it to her and said if she needed to speak to me about anything to give me a call….I mean seriously?!?!

I have been advertising like a mad woman and have had quite a few interviews praying for another f/t….heck even a p/t just so I can kick them out!

I just want to scream, I’m so mad!

How would you approach her? This would be my first time having to speak to a parent.

WWYD?

[SummerLuvin]

Sorry you have to deal with this. I would do what you're doing. Advertise like crazy, once you get someone else, terminate. Immediately. She'll probably ask why; reason being she didn't follow the terms of payment which are clearly stated in the contract which she signed. And definitely remind her that she still owes you two days pay. Perhaps enforce payment at the begining of the week of care until you find someone else. Good luck!

[sunnydays]

I understand not wanting to lose your only client, but if she has under payed you, you HAVE TO deal with this. Why not just send her an email asking about it...something like, "Thank you very much for braving the bad weather to drop of your payment. I noticed that the payment is missing one day's fees and it would be great if you could bring a cheque for $xx on Monday when you drop (child's name) off. Thanks and have a great weekend!" Keep it short, friendly, but to the point and don't speculate on the reasons for the missing day unless she brings it up, at which point you can refer her to the contract she signed. Perhaps she just isn't good at numbers? I had a client like this who always made mistakes on cheques (well it was the dates as they gave me post-dated cheques) and I just pointed it out in a friendly way and they would change it...they hadn't done it intentionally.

[Skysue]

I will pray for you girl. I know how you are feeling and my hubby has been working minimum wage for the past 7 months. It really wears down a mans ego to be at such a low point. He has been studying like crazy and working to start a new career but in the mean time we need to pay bills. I'm so sorry you lost your dream home but remember it’s just a home and the most important thing is your amazing family.

You need to call this client and correct her right now, if you keep letting her away with things than she will fully take advantage. E-mail her and ask for either e-mail transfer or a cheque on Monday morning. I hope you fill your space soon but please tell her that she owes you. It's up to us to respect our business by being as up front as possible. Think about it would a massage therapist providing a service let you walk out of their office without full payment? No way!


You will feel so much more better when you have that payment in hand!

[Inspired by Reggio]

The financial insecurity is one of the largest challenges to this industry

I am sorry you are going through tough financial times - however I agree that 'loosing' a client should not deter you from standing up for your contract - they need YOU just as much if not more than you need them ... you cannot allow your need for income to let a client take financial advantage of you ... I would rather get a part time job out of the home ONE DAY a week than work ALL WEEK for one client who does not respect me ... because the reality is you could pick up a shift at a restaurant and make the full weeks fees one client brings in between your wages and tips minus the expenses of feeding and caring for that child - there are always other options than allowing someone to abuse you ... life is way to short to work with people who do not value and respect you!!!!!

....

Either way her contract clearly states “Unpaid fees are subject to immediate suspension or termination of care unless reasonable arrangements are made and accepted by both parties. Full time and part time fees are based on booked days, not attendance, therefore parents are responsible for fees whether child attends or not. (This also includes sick days, statutory holidays and vacation time).” A list of the statutory holidays is listed below this...

Devil's advocate here but the section in RED above to me is opening you up for a world of conflict in miscommunication. From HER preservative it is quiet possible she sees she is following your contract based on the ambiguity of this wording - she texted you she was not coming due to the weather and therefore likely feels it is 'reasonable' reason not to attend care, she made the arrangement prior to the start of the day and you accepted it by acknowledging that it was ok to come later with payment for the rest of the week - therefore in her mind both parties agreed to this being an 'unpaid day' due to the weather. Not saying her interpretation if FAIR or RIGHT but that wording certainly leaves it up to 'interpretation' and is likely why you are having conflict with her over payment of days

If what you are meaning to say is that payments for the previous weeks care being LATE to you by whatever agreement you have will result in suspension of service / termination of care... aka payments are due by Friday at noon and must be paid in full based on the previous weeks booking otherwise clients risk suspension of service or total termination of the contract - that would close the door to weather there is an option to leaving it 'unpaid' as long as both parties agreed....cause to ME that is what that means ... if both parties agree payment can be left UNPAID.

My other advice to home childcare providers - if your policy is that you get paid for what was booked regardless of attendance - than get paid in advance of service for what was booked ... payment for days booked next week are due on Friday of THIS week

This way it is CLEAR what was booked so no conflict on their part if they show up on Thursday expecting care and you thought they were only booked in Monday and Wednesday this week and it is protection for YOU in that you never have to worry about stuff like this cause if they arrive on Friday with next weeks fees and it is 'short' because of something they misinterpreted in the contract like a stat or vacation day they have planned you get it fixed right then and there before providing any service for the upcoming week - verses providing service and than if they do not pay you are 'out the money' and well we do not have the buffer of big business to afford getting stiffed or to take every Tom Dick and Harry who treats people like that to Small Claims court

I would definitely address it NOW because unfortunately you have sent a precedent the other week by allowing her to 'short change' you and not saying anything .... if you are not good with verbal conflict I would do the email as suggested by another poster but definitely address that this is not acceptable and there has been some sort of misunderstanding about 'booked days' and payment of them - she could be thinking that because she called ahead and canceled it was no longer 'booked'

[Momof4]

First of all, I'm so sorry about your husband's employment situation and the fact that you have to sell your dream house to be financially solvent. That sucks!

As far as anything that happens with my daycare clients, I start conversations with 'According to our contract agreement....' In this case I would say to her that she signed an agreed to your contract and it clearly states payment is due. Don't be wishy washy, don't ever let it happen once or people will do it again and again. Be strong and confident where your business is concerned.

When I started in the business some wise home daycare providers who have become wonderful friends taught me that we are nurturers at heart but we have a business hat to put on when dealing with the parents. It's very true. I was pushed around and gave in my first year in the business but now I am very fair but definitely my contract is law. How will your clients think of it as a legal contract if you don't enforce it?

[Mamma_Mia]

[QUOTE=Inspired by Reggio;10410]Devil's advocate here [QUOTE]

That's an interesting point.

I took that wording as, for example: The way I work is payment is due on Friday for the week cared for.....I had your child Monday the 20th until Friday the 24th....money is due Friday the 24th and if you are short that week or 'forgot' and only if we both agree you could bring the money on Monday....otherwise see-ya!

I agree with the email to her and letting her respond if she doesn't see things the same way....we'll see.

OH AND TO ADD A BIT MORE - the entire family is on vacation next week....so dck won't be back in my care until March 5th

[mom-in-alberta]

Well, if they are gone, I would send an email and ask her to send you an email money transfer. I would word it just like Kangaroomama said; short, sweet and to the point.
I hope that things turn the corner (in a good way) for your family. Sending good wishes to you...
Also; I would begin to receive payment in advance. I never provide care unless paid in advance. Is it normal in your region?

[Inspired by Reggio]

That's an interesting point.

I took that wording as, for example: The way I work is payment is due on Friday for the week cared for.....I had your child Monday the 20th until Friday the 24th....money is due Friday the 24th and if you are short that week or 'forgot' and only if we both agree you could bring the money on Monday....otherwise see-ya!

I totally know what you are meaning - unfortunately from the client's perspective it could be being interpreted differently is all - I am going to be that she has felt she does not need to pay for the 'snow day' because she called and cancelled that day and therefore it was no longer a 'booked' day in her mind...I agree it is not RIGHT however the wording can be interpreted that way ... this is one of the reasons why I do not offer FLEX CARE because everyone I know who offers it has issues with payment and what clients FELT they booked over what the provider felt was booked

Either way it if were me moving forward I would remove that section entirely - IMO whether you are intending to or not that is upfront telling clients 'it's ok go ahead and forget to pay me - I don't REALLY need my income and chances are I might say I can wait for it'

You do valuable work and should be respected for that ... no employee would settle for their normal payday in their contract being every Friday and then one week the boss saying 'oh shit sorry I forgot to do payroll today is it ok if I get that to you next week?' .... pay day is FRIDAY you get PAID on Friday!

Personally I think every provider should have the following in their contract to set the level of expectation around payment!

Payment should be expected on the payment schedule as per the contract! Bottom line - do not set the precedent of an 'out' in your contract that sends the message late payments will be tolerated - even IF you want to be compassionate do not put that in WRITING that you will be

If it IS late than a late fee penalty should apply for every day it is late - this acts as not only a deterrent to paying late but to compensate you for having to adjust YOUR access to your expected funds - what if you need those fees to pay your MORTGAGE? My contract states you pay $20 a DAY for every day payment is not received by me - so my fees are do on Friday by Noon - you come after noon with it you better have $20 extra tacked on and if you wait until MONDAY morning to pay me that is $60 late fees! (unless I CHOOSE to waive that fee - which I have I am not saying I am not compassionate but the choice is MINE they better OFFER to pay it if they come late or we have problems )

Suspension of service until fees are paid in full will be eminent verse it MAY occur because you should not be working without pay - in fact you should be charging for booked days up front so that there is no 'conflict' later about what was 'booked'.

Immediate termination of the contract in relation to late or insufficient payment issues will be at the discretion of the provider - termination for this cause will result in forfeiting of any security deposit remaining to cover any money owing plus the 'inconvenience' of having had to deal with the payment issues in the first place!

Every contract should also state "The decision of the provider to occasionally 'waive' any of these policies at her discretion does not negate them entirely and she is within her right to fully implement them again as she sees fit."

This last ammendment ALLOWS you to be compassionate about a late fee if the 'reason' behind it is felt to be valid by you ... I have waived this for clients who were sick on Friday who called to say 'We are not coming in today due to illness however I will drop my payment by later today' because A) they OFFERED to come with the payment which shows me they respect my contract and did not expect 'special' just because they or their child was sick on pay day and B) it was MY CHOICE to do that because I had buffer in my bank account that time.

However other clients I have NOT waived for and said 'Sorry to hear you are ill - stay home and feel better and I will keep an eye out for your spouse with today's payment than' because I NEEDED my payment that week and it was not the first time they had tried to 'ask' for special cause they had forgotten previously and I had suggested perhaps leaving a stack of post dated cheques so it would not be an issue if they 'forgot' and they did not want to and well that is now a 'natural consequence' for having to come out when they are sick to pay me cause they used up their 'grace' on just being forgetful and their lack of planning is not MY ISSUE

[Mamma_Mia]

Thanks for that Inspired by Reggio - I will be making changes for sure!

I sent the email this morning and not sure what day they left for vacation but either way it's there...I'm just now thinking that she might play the "I didn't check my email" card.

ahhhh this in going to be one long week of waiting to see - do I have to put my war paint on today? LOL