I agree with your confusion ~ if things are ending 'badly' and the provider is terminating why would the parent want to send their child to a provider who has said they have had ENOUGH and did not want their business anymore ... seriously most parents are going keep their money and use it to take time off to find a NEW provider?
If you have to 'collect' payment over the notice period than the provider would than have to SUE to try to get her notice money. Than the risk is that since the client did not use any 'service' during that notice period and the service provider was therefore free to take on another client that the client would have just as much a chance to 'win' cause some judges are going to look at that and think the same thing 'why would anyone leave their child with someone whose said they've had enough and if they are not using service why pay them'?
When I worked in centre care if we terminated an employee, even WITH cause, we just paid them to leave in lieu of notice ... we did not WANT them there anymore so we paid them two weeks pay in lieu of notice ~ and even if we had cause to fire them we gave them two weeks pay because it was CHEAPER than having them try to file a wrongful dismissal suit ~ cause no one ever SEES that there was cause when something like that happens ~ the other person is automatically seen as unfair ass ... and seriously we fired someone who had gotten verbal notice cause she threatened to duct tape a kids mouth shut and than repeated the behavior ~ she still did not see she had done anything 'wrong'. :roll:
If we terminated a child it was the same thing ~ it was effective immediately and any money 'prepaid' for service was returned to the client cause we just wanted them GONE by that point and sucked up the loss in revenue to have that happen ... the only time that a deposit was kept was if the reason for terminating was 'contractual' aka they had not paid their fees and had fees outstanding the deposit was kept to cover that and care ceased immediately!
IMO as the service provider we take the most 'financial risk' here and therefore should have policies in place for protecting us and our income UP FRONT .... if we keep money of a client that we do not deserve based on our contract that is technically FRAUD and clients have recourse through BBB, Small Claims court and even taking 'criminal action' depending on how much $$ we are talking about here .... if the client manages to 'stiff' us on our service provided our only recourse is small claims court which costs us even more money to try to recoupe in lost time of work and so forth and no guarantee we will 'win' depending on the whim of the judge and is he pro small business or pro customer in his politics!
I choose do the security deposit for the last two weeks because than if I did not WANT the client in care over the notice it is in MY control whether I am out the money or not ... I can refund the deposit money back to the client via a money order and be DONE by removing the option to come or I can choose to keep it and allow them to come and if the client chooses not to send their child well that is their choice ... the service was therefore them to use if desired! If they bounce a cheque on me and refuse to reimburse it care is DONE and they loose the deposit so I am at least not out for having actually provided the service I am just out the 'notice period' of finding a new client.


































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