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Yup, you have to address it now and get the contract signed. As far as getting half pay and him blaming payroll.... not buying that story lol. I would be worried because that implies that they have no money in the bank until they get paid which could mean continuous money problems. Its one thing to give a client the benefit of the doubt with regard to money when they've been with you awhile but someone new has to earn my faith and trust in them the same way I have to earn theirs.
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At least you can terminate without any notice if you don't have a legal contract with them so there are no rules for them or for you. They are leaving themselves open by not signing the contract, it is meant to protect the families, not just us.
Frederick Douglass
It is easier to build strong children than to repair broken men.
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Starting to feel at home...
Thanks everyone - my contact states that I require 2 weeks notice and that I am required to give them 2 weeks notice to terminate. Right now if they don't pay me on Friday as promised, I can terminate without notice...(love that leverage)...however lets say they sign the contact and then in a week owe me $$ again, does that lock me into giving them 2 weeks notice to terminate without notice? Or would I still have to give them 2 weeks notice ? Do I need to have it stated in my contract that non-payment is grounds for immediate terminations? Or is it the law for service rendered?
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They should be paying in advance that way you don't have to worry about the " if they don't pay again in a week " Question .... It truly solves the problem however since they already owe you money it would seem that they would not be able to come up with what they owe you plus the next two weeks in advance so let's hope you get your money on Friday cause if you don't and you terminate you'll never see that money
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Expansive...
This is what I have in my contract "Unpaid fees are subject to suspension or termination of care unless reasonable arrangements are made and accepted by both parties". You should include something like that before they sign so you can terminate right in the spot if you need to.
If you give parents time to pay what they owe you you are also given them time to look for alternative care and leave you without paying. I would told them to pay what they own first thing in the morning or there is no care. Believe me, this way money appears like magic. They have no choice. They cannot afford to stay at home everyday with their kid if they aren't allowed at daycare. They have to go to work. I would also include in the contract that payment has to be in advance. This is the way I get paid by every family and I think most ladies here do, too.
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But Pattycake you don't have a contract or anything signed regarding the termination period, do you? So you would be within your rights to terminate today if you want to do that. No contract, no rules goes both ways, obviously that's what the family thinks, but it works for you too in this case. That's what I was trying to say in my other post.
Frederick Douglass
It is easier to build strong children than to repair broken men.
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Starting to feel at home...
 Originally Posted by Momof4
But Pattycake you don't have a contract or anything signed regarding the termination period, do you? So you would be within your rights to terminate today if you want to do that. No contract, no rules goes both ways, obviously that's what the family thinks, but it works for you too in this case. That's what I was trying to say in my other post.
I totally agree. I would not wait for Friday. I would not give them the benefit of the doubt. Most families would be on their best behavior the first month of care. If they are already dropping off and picking up outside your hours, not paying you, etc. Just cut your losses and tell them it won't be working out. It will only get worse.
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The problem is that if she terms today she won't get any money .... I would ask them today if "payroll has been sorted out "? and then tell them that you need to be paid up to date ... If they get any hint that you are going to terminate you can kiss that money good bye because without that signed contract you have nothing to go on . The unsigned contract can work in your favour but it can also bite you in the ass
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Starting to feel at home...
 Originally Posted by Momof4
But Pattycake you don't have a contract or anything signed regarding the termination period, do you? So you would be within your rights to terminate today if you want to do that. No contract, no rules goes both ways, obviously that's what the family thinks, but it works for you too in this case. That's what I was trying to say in my other post.
Ahhhh yes now I understand...no I don't have a contract signed back from this family because they didn't remit one..so come Friday if they don't pay me as promised I'm refusing entry and going to return dcbs belongings at that time and say sorry no more child care will be provided.
Last edited by PattyCake; 06-19-2013 at 12:11 PM.
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 Originally Posted by PattyCake
Thanks everyone - my contact states that I require 2 weeks notice and that I am required to give them 2 weeks notice to terminate. Right now if they don't pay me on Friday as promised, I can terminate without notice...(love that leverage)...however lets say they sign the contact and then in a week owe me $$ again, does that lock me into giving them 2 weeks notice to terminate without notice? Or would I still have to give them 2 weeks notice ? Do I need to have it stated in my contract that non-payment is grounds for immediate terminations? Or is it the law for service rendered?
I have a paragraph in my contract that says that I reserve the right to terminate for the following reasons, intentional and continuous desctructive or aggresive behaviours
lack of parental cooperation with programming
consistent late payments or non payment of fees
there are a few more but cant recall off the top of my head. I would suggest that even if its not written in your contract, you can terminate without notice. if they are not paying you on time already I wouldnt count on them to pay you once you give notice either. I would change their payments to MOnday morning for the upcoming week. Do not accept the child into care with money owing to you but you have to sit down and talk with them about it.
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