Should I get my money back?

[crayolamom]

I was referring to the babysitter who does not have a business license or permit or issue receipts or taxes that is claiming to be running a business. Tell me how I'm wrong.

I don't know what world you live in lady but I don't know any babysitters who need a permit or business license to work as a sitter. If she doesn't issue receipts and you are SOOOOOOO considered then why did you take your kids there?! Stop wasting peoples time and forum space it's your own fault and your not entitled to ANYTHING so mooove along!!

[kindertime]

Wow, there's a pile-up on the forum today....

From the OP:

Towards the end of August I asked if I could have $250 back as he was only there for 9 days.

So you pulled him out after 9 days but waited another week or two to ask for a refund? Hmmmm......

[dodge__driver11]

I find it interesting that you name a number of concerns regarding nutrition, and professionalism.

Why is it that these concerns only come out when a parent is trying to justify a refund or stiffing the provider/babysitter out of her owed fee?

I had something very similar happen to me recently, these parents were all to happy to be in my care, but when I enforced my contract, they were all of a sudden wondering about outdoor time, said I fed their child junk, that they did not know that my husband was his alternate etc. (It is made very clear that my husband is very much a part of my daycare)

Interesting that these concerns were never voiced until they were trying to justify pulling their children without notice....

Yep OP seems legit to me. (Please note sarcasm)

[betsy]

A sister of my fiances friend offered to watch my son for the month of August in her home as my 8 year old son was on a waiting list for the daycare and she has a son his age as well and was watching other kids during the summer.

Considering she's the sister of your fiance's friend......what are the chances that she thought she was doing you a favor by taking your child in for a month?


And considering that she's the sister of your fiance's friend......

.........lady, I'd just let this go, if I were you. In fact, if I were you, I'd even take the step to show that all's under the bridge now, and there's no hard feelings.

[33 Daiseys]

FYI, she has until March 31 2016 to issue you your receipt. I don;t care when a parent leaves they are MAILED a receipt on Feb 28 of every year.

[5 Little Monkeys]

Agree with the others...the reason you quit your job has nothing at all to do with the story. Everyone has bumps in their lives but that doesn't mean we blame others.

You keep referring to her as a babysitter. When you agreed to send your child to her, were you under the impressesion she was a sitter or dcprovider? If she's s babysitter than I don't think she needs to issue a receipt. I also don't think she needs to refund the money because as it's been said (and surely you must agree) it was YOU who broke the verbal agreement.

If she's a hdcp, than yes she is required to give you a receipt by feb 28,2016. Have you asked her for a receipt?

Also, what did your lawyer brother have to say??

[Suzie_Homemaker]

Her brother should have told her that,

1. A verbal contract counts in the absence of written one.
2. Written contact has more weight as it proves the agreement. Every lawyer I know drills this into their friend and family. Mine son even wrote mine because it that important.
3. You can not create conditions of contract after the event. My son explained this as meaning just because when you made this arrangement, you didn't discuss what would happen if you left the day care/babysitter early, that does not mean you can automatically demand a refund unless that was discussed and promised as term of her providing care.
4. Full circle situation is, if you did discuss it and it was part of terms, now how can you prove without written contract? Which is why, verbal only work when both people in agreement.
5. You cancelled care due to your change in situation - quitting job. That not mean you can pass your changed financial situation onto someone else to deal with. Of course you entitled quit job but there is consequence to that. Just like if you had bought monthly bus pass to get into work, there is no refund for unused part you decided you needed at start of month.
6. I think you using the term babysitter to diminish her achievement and to minimize her role. That will bite you hard. If she really babysitter, that might mean she likely your employee. And if she your employee, then Labour Standard Rules might apply. If she just casual babysitter, then most don't have to give receipt. No teenage baby sitter write one up at end of the parent's monthly date evening.
7. If she day home, you should get tax receipt but she not have to give before end of Feb. like all other places have same time for tax related documents to be given out.
8. For $500, it sound like you negotiated a cash price. That is illegal to work under counter but you were part of the illegal deal too. A cash price will not give you receipt. And if you go to court, it likely that Judge won't support your claim for either refund or receipt because you are just as guilty as her for striking illegal arrangement. I think my son said it is known as having "clean hands". You not able to sue someone for their part in illegal transaction when you just as guilty. For instance, drug dealer couldn't sue customer who paid with forcery money because court must not reward him for selling illegal substances.
9. Basically, based on information you say, you are out of gas. As someone who claim to be legal secretary you should know how important it is to get everything in written. As someone whose brother is lawyer, then you likely have heard this million times from him.
10. Most answers here from day care providers. It 100% unanimous that no refund is due which very rare from what I seen here. Since we all agree, it likely that it very black and white situation. I hope your provider is reading this thread and experienced enough to stands her ground and not be hassled into backing down.

[Suzie_Homemaker]

You not entitled to refund so get over it or sue her - and then Judge will tell you that not entitled to refund.

In meantime, make sure child's name on lots of waiting list with real day care because if this how you normally behave, you be getting your notice from real daycare soon after starting and will need another one.

[Kath]

In Alberta (specifically Calgary) no licensing is required for a dayhome with 6 kids or less.
I wouldn't be able to refund parents in a case like that as I save spots for people and it would mean lost income.
Without a contract that might protect you both, you're out of luck. Seeing as you are to become family, I would let it go. If you're not worried about your son's safety I would drop him off there while you search for a new job! A little McDonald's now and then isn't going to make a huge difference (my Dayhome kids would love that!!!!). I charge double that and still don't need permits or licenses - and I'm totally legit.
Life's too short to burn bridges.

[Prouser1]

It's an interesting situation, unfortunately, that's the nature of almost all people. So, as always all, will look for benefits for themselves. This is why I started to pay more attention to my financial literacy, and such cases in my life have become much less. Also recently I read a very interesting article on Fit My Money about credit cards. I think it will be interesting!