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!!

[crayolamom]

I NEVER ONCE SAID I didn't have the resources to find a good provider, due to my issues. What issues?!?!? What the HELL does that even mean????

My son is on a waiting list for an actual daycare! I have called around to numerous dayhomes and they are al full! So given the fact that she was a sister of whatever my finances friend, has a son my sons age and is my sons bus route driver I thought she would be trusting enough to watch my son. She was the one that offered for $500 and yes dayhomes charge $800 or more but she doesn't not have the same licensing permit or accreditation as on so why should she get the same financial benefit as one without having the necessary qualifications? So she's a bus driver and probably collecting ei during the summer, while watching kids for cash out of her home yet claiming she's a business. Sounds pretty professional.

Also, I quit my job because they didn't do tax forms to claim eligible dependants, their accountant did not want to come in and do proper paycheques on payday because she just 'didn't want to' so they told me to just estimate how much I would think I made. Potentially paying back thousands of dollars back at tax time just doesn't sound like something I want to do, you? I didn't quit because I just didn't feel like working anymore!!!!!!!!

You clearly didn't have the right resources considering you don't even make any sense. Just because some doesn't have a licensing permit (which doesn't even exist for home daycares) or accreditation (what the hell you even mean by that is beyond me) she run a home daycare and the going rate is $700-1300 for a HOME daycare. Providers have to pay for food, craft supplies, outings etc. something you didn't have enough resources to even figure. But then again it's common sense which is something you clearly lack of. If it's not professional why did you go there?

[crayolamom]

I NEVER ONCE SAID I didn't have the resources to find a good provider, due to my issues. What issues?!?!? What the HELL does that even mean????

My son is on a waiting list for an actual daycare! I have called around to numerous dayhomes and they are al full! So given the fact that she was a sister of whatever my finances friend, has a son my sons age and is my sons bus route driver I thought she would be trusting enough to watch my son. She was the one that offered for $500 and yes dayhomes charge $800 or more but she doesn't not have the same licensing permit or accreditation as on so why should she get the same financial benefit as one without having the necessary qualifications? So she's a bus driver and probably collecting ei during the summer, while watching kids for cash out of her home yet claiming she's a business. Sounds pretty professional.

Also, I quit my job because they didn't do tax forms to claim eligible dependants, their accountant did not want to come in and do proper paycheques on payday because she just 'didn't want to' so they told me to just estimate how much I would think I made. Potentially paying back thousands of dollars back at tax time just doesn't sound like something I want to do, you? I didn't quit because I just didn't feel like working anymore!!!!!!!!

No one gives a shit why you quit your job. The point is you quit your job before finding another forum of income and then since there was nothing left your bright idea is "let's screw the daycare provider over" Can't even afford daycare home good luck in a centre I highly recommend looking for back up but they will be getting rid of you and that's a given judging but your incompetence and attitude.

I am a former elementary teacher and I am not any better or any more qualified than someone who has no forum of education and just simply was a stay at home mom who wanted to do daycare. There's a 25 year old two streets down from me who runs an amazing daycare but doesn't have my qualification but (I will admit this myself) runs a program 100 times more better than mine. Once again lack of resources.

[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.

[ahnys]

Babysitting out of ones house without a business license and not issuing tax receipts yet claiming to be a business is a business to you?

Not only is that scenario a business to me, it is a business to the province of Alberta AND it is a business to Canada Revenue. She is running a business that the rest of the world recognizes as a business. Well, except for you.

You can continue to tell us what factors, in your opinion, would make it a legitimate business TO YOU, but unless you have a seat in parliament and are influential in the bill-making process, no amount of wanting it to be different on your part is going to make it be any different.

You might want to choose an easier battle, like convincing the sun it has no business setting, or the rain to just stop already.

[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.

[childcare]

I personally don't think she is wrong by not giving back the $250. In Ontario daycare providers do not need to be licenced. There are plenty of excellent private home daycares. The fact that she smokes and fed kids junk food etc.. Does not mean she isnt entitled to not give half the money back. I agree that is not very professional to smoke etc. But imo she doesnt need to give you money back.