Dcm doesnt want to pay

[gramma]

the cheque i have is not for the deposit its for the next 2 weeks care. they provide post dated cheques. There are several different ways to determine if enough notice was given. She doesnt come 5 days a week every week so if I go by that, I have given enough business days notice. By the numbers on the calendar I am 1 day short. According to her email she wasnt planning on bringing her for the 3 days anyway. If our agreement wasnt ending, she would have had to pay for those days.

The issue i am taking with it right now is her attitude. I gave notice but also offered to extend it if they needed more time so if she is worried about having enough time to find someone why wouldnt she take me up on that offer. My new child doesnt start till April 1 so I had the flexibility to do that if necessary. I could have given this woman 3 months notice and she would have reacted the same way. She is part of the reason for the termination but I wanted to keep things polite and not get into the fact that she makes unecessary "digs" about things and that she likes to send emails full of capital letters to make a point.

She was totally fine with my decision in her first email, thanked us for everything and wished us the best. It wasnt until I clarified what money was owing that she turned on me.

I am dealing with this in the most professional manner I can but I will not let her bully me into not taking full payment for the amount of notice given. If she chooses not to make the payment she will need to find care starting Monday.

[Other Mummy]

Good for you. You are being extremely fair to this woman and showed great professionalism. Let us know how it plays out. I have a feeling she will return Monday with fees in hand and a scowl on her face. Be prepared

[Inspired by Reggio]

Uggg tough situation to be in for sure!

I have yet to have an issue in my own business but from my centre experience and reading stories like this just reiterates why I am grateful ensure that I get a security deposit that matches the amount of notice I want to be given on MY end and I also agree to give the 'same amount of notice' should I need to terminate if they choose NOT to attend during that notice period cause they are pissed off or whatever well that is fine ~ they have already PAID me for it and that is their choice to use it or not as long as the service was available to them ~ kinda like how when you rent an apartment and you move out of it early the landlord still keeps the last months rent you paid cause the apartment was there for you to use you just chose not to

A security deposit in advance also gives me the option that if I just want a client GONE without giving notice but they have not 'violated the contract' to warrant grounds they are just not a match than I have the option to make an exception and just 'refund' their deposit in 'lieu of notice' and have care be done on my terms.

Hope you are able to find a resolution you are both happy with ~ but my guess is that she will be leaving your care before you anticipated and without the payment you are hoping for leaving you the choice to suck it up or try to chase her for funds she feels she does not owe you because you terminated the agreement

[gramma]

Uggg tough situation to be in for sure!

I have yet to have an issue in my own business but from my centre experience and reading stories like this just reiterates why I am grateful ensure that I get a security deposit that matches the amount of notice I want to be given on MY end and I also agree to give the 'same amount of notice' should I need to terminate if they choose NOT to attend during that notice period cause they are pissed off or whatever well that is fine ~ they have already PAID me for it and that is their choice to use it or not as long as the service was available to them ~ kinda like how when you rent an apartment and you move out of it early the landlord still keeps the last months rent you paid cause the apartment was there for you to use you just chose not to

A security deposit in advance also gives me the option that if I just want a client GONE without giving notice but they have not 'violated the contract' to warrant grounds they are just not a match than I have the option to make an exception and just 'refund' their deposit in 'lieu of notice' and have care be done on my terms.

Hope you are able to find a resolution you are both happy with ~ but my guess is that she will be leaving your care before you anticipated and without the payment you are hoping for leaving you the choice to suck it up or try to chase her for funds she feels she does not owe you because you terminated the agreement

Your probably right Reggio but I do have a one week deposit that was provided at contract signing. I used to do a 2 week deposit but in my case at the time that my clients were signing on i was changing my daycare from a before and after school program to one for little ones. I had tons of experience because i did little ones for 15 years prior to the b/a school kids. I didnt have a playroom set up or anything just my word that I would create a stimulating environment. I felt at the time that 1 week deposit was sufficent given that they had to trust what I said as I could offer no visuals. That will change for anyone new coming into care.

If she doesnt come back, i'm fine with it. I will consider small claims court but most likely will just enjoy the fact that she will have a difficult time finding someone else to do the hours that she wants. Not nice I know, but karma is a bitch.

[JennJubie]

I agree with the other ladies about the deposit in advance. I ask for a two week deposit, and I inform the parents that it will be cashed now. I use it for the last two weeks of care, and I just tuck it into my savings until it's needed.

[gramma]

So, I have not heard back from this family. I told them I needed to know by early evening today if they were planning on coming back for their 3 weeks notice time. I would think that if they were, i would have heard by now. At least i had one weeks deposit but honestly i'm happy to walk away from the rest of the cash if it means not dealing with dcm who is clearly pissed. I was going to wait to give notice until Monday when I had cashed my cheque but i really didnt figure they would walk away. they have no family close and have already taken lots of vacation time. Lesson learned.

[gramma]

so, she isnt coming back. sends an email a 8pm and informs me she will be here at 1 o'clock tomorrow to pick up dcg clothes, diapers and bottles. Ummmm I dont think so, that's naptime.

[Momof4]

Wow! I would say exactly the same thing. Not at naptime.

Is she bringing your money? If you weren't waiting for money I would hang the things on the doorknob of your front door at 1pm and tell her to get them oustide and not to disturb the sleeping children.

I'm so glad this is almost over for you.

[gramma]

No, she isnt paying me. she didnt email until afte 8 last night and I wasnt about to start gathering her things then and I'm working today so she can wait till i'm good and ready to gather it all up.
looked into small claims court and with the cost of filing plus inconveniencing the rest of my clients with a day off doesnt seem worth it.
I was pretty sure she wasnt coming back and the feeling I had all weekend knowing that I didnt have to do those early mornings is totally worth the loss of money. Changing my contract for future client to be a deposit of 2 weeks fees and only 2 weeks notice of termination. and if i ever choos to give additional time for notice i will be sure to do if after the cheque is cashed. thanks for all the support ladies. i think its going to be a great day.

[BlueRose]

I have the following in my contract, so I can take clients to court or get a collections Agency to get the money for me.

We agree that if we end up in court over money or any other reasons (payment for services, reimbursement cost etc. ) all court fees are our responsibility and not that of Valerie's Home Daycare (Valerie E. XXXXXXXX) or any members of her family or staff. We are also responsible to cover any and all wages lost to Valerie XXXXXXXX, any of her family member an any and all staff who have had to miss work do to going to court for any reason. We will also pay for any staff required to cover the daycare for days Valerie XXXXXXXX has to attend court or meet with her lawyer. We are aware that if any payments of fees or reimbursements are not made Valerie's Home Daycare can have a collections Agency collect the money on Valerie XXXXXXXs behalf.