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  1. #11
    Euphoric !
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    Since they came yesterday and paid the fees owing plus I assume the late charge then they have actually done what you asked - paid up or no care on Wed. Which sort of negates your right to immediate termination - that should have been done on Sunday due to no payment before saying late charge would be added as in that gave them the option to stay and pay which they did.

    If you decide to terminate then you are basically terminating and applying their deposit to the next two weeks. Just gotta hope they don't stay.

  2. #12
    Euphoric ! kidlove's Avatar
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    You could inform of termination and offer care through the deposit, pending whether or not you find a replacement. Maybe they will feel so awkward regarding being terminated, they will immediately look for somewhere else to go. How are your contracts worded? do you offer return of deposit or the equivalent time=deposit? you could offer the time pending a replacement...let them know you will provide care through the deposit UNLESS you get a replacement before the deposit is up...then if things get too rocky before the end of deposit is fulfilled, let them know you have filled the spot. I guess it all depends how your contracts are written, do you require any return of deposit due to immediate termination....i.e. behavior, late pay and such? Perhaps the contract should state the deposit will not be refunded in moneys, rather time/services.???

  3. #13
    Euphoric ! Sandbox Sally's Avatar
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    I see your point, playfelt. I am terminating for abusive behaviour at this point, not for the late payments.

    Is it reasonable for me to insist that the mom do drop off and pick up for the next two weeks (she stays at home, so she's available for it). I want nothing more to do with the dad. I felt intimidated by his behaviour, and that's a pretty crappy thing to feel in the entryway of your own home, business place or not...

  4. #14
    Euphoric ! Sandbox Sally's Avatar
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    My contract states that the deposit is non refundable. I have decided to give them two weeks notice. If they choose to pull out before the end of the two weeks, that is their choice, and in my opinion, they are thereby forfeiting the deposit.

    Am I right?

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  6. #15
    Euphoric ! mimi's Avatar
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    You are correct Alphaghetti. I would also tell them that Mom must do drop off and pick ups as the negativity, verbal/atmospheric, is not acceptable for the daycare's environment.
    Last edited by mimi; 01-09-2013 at 05:46 PM.

  7. #16
    Euphoric !
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    Sometimes you need to just let people have their litle tantrums and move on too. They are mad that you stood your ground BUT they did come and pay ahead of time as compared to at drop off today. Dad is in his own way trying to let you know he is mad without saying anything - adults especially men are good with the silent treatment and the passive agressive.

    Your other option is to let it all go and I know that is hard to do but give them the chance to get over it - there is an element of embarrassment too besides the anger. Just continue to at normally and see what happens. Give it till Friday to see if everyone settles down, yourself included and then see if the relationship can continue or not.

    I know this was a last straw thing but it was resolved so to speak by you getting your payment including penalty by the deadline you set so they are in a way in good standing from today forward. Now having said that are they actively looking for alternate care who knows. But I might be inclined to give it the rest of the week and then if the attitude does not improve then you have grounds for negative behaviour. For today everyone is upset and nothing negative was actually said. Sometimes silence is golden.

  8. #17
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    Quote Originally Posted by Alphaghetti View Post
    My contract states that the deposit is non refundable. I have decided to give them two weeks notice. If they choose to pull out before the end of the two weeks, that is their choice, and in my opinion, they are thereby forfeiting the deposit.

    Am I right?
    Exactly. That is probably the safest way to do it. They know that the two week's deposit would be used for the last 2 weeks and if they choose not to attend then that is self-explanatory No refund.
    Good luck. Sounds like a horrid experience with the dad. I would be wary of the whole family and hope they choose not to attend the last two weeks.

  9. #18
    Euphoric ! kidlove's Avatar
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    i think your choice is the right one. if your deposit is nonrefundable, the only thing you can do is offer 2 weeks or they can walk. Good for you, and take the next two weeks to look for a good replacement!

  10. #19
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    Quote Originally Posted by kidlove View Post
    i think your choice is the right one. if your deposit is nonrefundable, the only thing you can do is offer 2 weeks or they can walk. Good for you, and take the next two weeks to look for a good replacement!
    This is how I would approach it as well.
    Good luck hun
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  11. #20
    Euphoric ! Inspired by Reggio's Avatar
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    Quote Originally Posted by Alphaghetti View Post
    My contract states that the deposit is non refundable. I have decided to give them two weeks notice. If they choose to pull out before the end of the two weeks, that is their choice, and in my opinion, they are thereby forfeiting the deposit.

    Am I right?
    Yes if you offer service during the notice period and they choose not to 'accept it' than they are forfeiting their security deposit for sure ~ but again I would make that clear in my termination notice that

    'Due to breach of contract under repeated late payments and inappropriate communication conduct notice to severe our service aggreement is being given effective today. As per our contract the security deposit paid upon enrollment is being applied to the last two weeks of the notice period required which will mean that the last day of service for (child name) will be X date. Please note that during the notice period ALL policies and procedures of the program must be followed including remaining polite and cordial during drop off and pick up or immediate termination of the contract will occur along with the forfeiting of any remaining deposit amount. "

    IMO that way it is CLEAR that they are being expected to be ANGELIC during the next two weeks or they will just be DONE and if they than choose not to send their child during that period they are forfeiting it!

    If you are willing to deal with the silent treatment during drop off and pick ups for the next two weeks should they choose to continue on this seems the best plan ~ personally if they were making me feel uncomfortable enough to want to terminate I would want to just be DONE and would refund their deposit in order to not have to expose myself to any further behavior!
    Children construct their own intelligence. The adult must provide activities and context, but most of all must be able to listen. Children need proof that adults believe in them. Their three great desires are to be listened to, to understand, and to demonstrate that they are exactly what we expect."
    Loris Malaguzzi

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