August 22, 2012,
W.H. asks from Stockton, CA on August 19, 2012
Daycare Provider Terminated Us
Our daycare provider gave us a termination notice effective August 15, 2012 for "parent/provider differences." On Saturday we received an invoice in the mail from her for service dates August 13 to August 29, 2012 totalling $510.00. I advised her on Wed., August 15th to not pick up my children from school on Thursday and Friday. I believe I owe her for August 13 to August 15 totalling $102.00. The concern I have is it is noted on the invoice "late fees and small claim case will be filed and filing fees will be added to the parent's outstanding balance." We have NEVER paid late and am also questioning this clause. Our contract reads "a twp week notice must be given by the parent or by the child care provider in writing." I also plan to contact State Licensing because of concerns I have with her and her daycare practices.
I need all the advice I can get, please!
K.P. answers from New York on August 20, 2012
You owe her the final two weeks, as YOU elected to terminate the services "early"? I'm just guessing here. What was the language of the notice... if it is dated 8/15 but it is a "two week notice" letter, than she's letting you know that you have two weeks left and you have made the choice not to use her. If that's the case, you owe her the money. If she's "back dating" it, then you don't.
My guess is that this is going to cost you a FORTUNE in legal fees and hassle, so I would simply pay it and move on.
4 moms found this helpful
S.T. answers from Washington DC on August 20, 2012
sounds like she's within her legal rights. you can fight, and MIGHT win, but you're looking at an awful lot of angst and clenched teeth and adrenaline and drama.
perhaps if you can approach her calmly and without rancor you can get her to meet you in the middle.
4 moms found this helpful
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B.C. answers from Norfolk on August 20, 2012
I would have read the termination notice a little differently.
To me, they were giving you 2 weeks notice as of the 15th - meaning the end was officially the 29th.
Which means - you could have used (and still can use - the contract is a double edged sword) the service up to and including the 29th and then be finished.
So you are paying for that time - which gives you time to find a new daycare and them time to fill the vacancy.
Your deciding not to use them to the end of the 2 week end period is irrelevant as far as the contract goes - they are entitled to that pay whether you use them or not.
The late fee notice is basically letting you know she's not going to allow you to ditch out on paying for that remaining final 2 weeks - the longer you stall on paying it, the more it will cost you - it's standard contract stuff we're talking about here.
You have to read through contracts (before signing them) and understand what they mean.
Hopefully the next daycare place will be a better fit for you and your child.
ALWAYS read through the contract carefully!
If there is something you don't understand - ask what they mean and have them spell it out specifically so there is a meeting of the minds and a complete understanding.
Contacting State Licensing is just vindictive on your part and a waste of time and energy - and it makes you look bad.
Let it go and find a new place.
11 moms found this helpful
J.F. answers from Cleveland on August 19, 2012
I've been a daycare provider for over 20 years. It sounds as if you owe for a 2-week notice which is typical but it's all going to depend upon your contract with her. The reasons for termination are irrelevant. The late fees most likely refer to if you do not pay the $510 by the due date. Many parents don't realize that you pay for a space in the daycare and that is regardless on whether or not the children attend. Again it will depend upon the contract you have with her. I would not contact licensing regarding your concerns and the reason I say that is because it will be looked at that you are a disgruntled parent because your provider terminated you and therefore you are seeking revenge. Also, if you had concerns 'bad enough' in order to contact licensing why on earth would you not pull your child yourself at the first sign of concern and make a report then? You left your child there until the provider terminated you so you must have been comfortable enough. I would pay the fee since you have a 2-week notice, find another care situation and make that a very good one with great communication from the beginning. Good luck and I hope this helps.
10 moms found this helpful
S.H. answers from St. Louis on August 19, 2012
She gave you a final invoice. You changed the terms & cut her out on that 2 week notice. She stuck to her contract terms, you didn't. Therefore, she is entitled to pay for those 2 weeks.
& regardless of what complaints you want to take to the State Licensing Board, it is your very own behavior which has pushed her past her endurance limitations. 2 sides to everything....you have complaints & obviously she does, too. This is not said in judgment, but as an opinion from the back row. :)
Negotiate a settlement personally....& move on. You want to complain about her practices & she could just as easily blacklist you thru the grapevine!
& one more thought: if you truly have issues with her daycare practices, then why didn't you pull your kids before she gave you notice? That says to me that there truly were "parent/provider differences"!
8 moms found this helpful
L.M. answers from Dover on August 19, 2012
Was the notice effective 8/15 or was the termination effective 8/15? The difference being that she gave you termination notice on 8/15 and if it was the two week notice, then you technically owe her for the next two weeks (til 8/29). If it was effective 8/15 that they weren't allowing your child back, it would seem you would only owe her through 8/15 (but then why would you have to tell her not to pick up your child on Thursday & Friday??? That statement makes me think she gave two week notice and you wanted to pull your child immediately and, based solely on what you have just shared, if that is the case you would owe her and they are reminding you what happens if you don't pay.
You definately need to read the contract you have and the termination notice as well to be sure you have a firm understanding of the situation regarding payment.
**added** the home daycare we used to take my daughter to did take people who didn't pay to court for non-payment when they quit with no notice AND owed her for the prior week (it was not us but I know of at least one mom she did take to court). There were also older late fees that she never even charged them and they still did her this way. She went to court w/ the contract and won. She even got her wages attached! It can and does happen and when it does, you are even responsible for the court costs.
6 moms found this helpful
V.W. answers from Jacksonville on August 19, 2012
Sounds to me like the "effective date" of August 15, is the date the two week notice is counted from. So, two weeks after 8/15 would be 8/29. Which would be the date they would no longer provide daycare for your child(ren). The invoice covers that period of time.
The fact that you advised not to pick up your children for 2 of those days (last Thursday/Friday) doesn't void your contract, which appears to remain in effect thru the end of the two week notice period (until 8/29).
But that is based just on what you posted here.
You didn't post WHY you have issues with her daycare practices. If there are safety violations or whatever. Or what your specific contract says...
5 moms found this helpful
S.A. answers from Chicago on August 19, 2012
If you have a contract with her that allows for two weeks notice for termination (either by the provider or parent) that means you still have to pay for those two weeks whether you choose to continue sending your child or not.
The late fees and threats to file a small claims case means that she will charge you the fees and take you to court if you do not pay the $510.00 by the due date on the invoice.
If you don't want to get sued, either send your kids for the two weeks and get the services you paid for, or lose out.
This is why you have to be fine with what a contracts spells out before you agree to it and sign it.
5 moms found this helpful
J.W. answers from St. Louis on August 19, 2012
How can we possibly advise you, we can't see the contract.
Tell me exactly what the contract says about notice given for changes and termination and we can help you otherwise read it yourself. If what they have done is within the language of the contract then you owe the money.
After reading what you added that isn't the contract that is the termination letter. If you fail to pay what they have demanded, if it is within the wording of the contract, then you are late therefore the late fees. It is common practice in small claims court that the looser pay court costs.
Again if it is within the wording of the contract that you must give two weeks and what they did was gave you two weeks then you owe the money and everything they are threatening you with is legal. You will have to pay it and the only thing fighting it will get you is late fees and court costs. Contracts are binding.
So far as contacting state licensing, be aware that she can go after you for more if it is proven that you did so in order to avoid paying what you legally owe her. Courts do not like games.
What is ambiguous about a two week notice? They gave you one, you CHOSE to pull them, you owe the money since YOU did not give them a two week notice.
5 moms found this helpful
J.M. answers from Boston on August 20, 2012
I would pay her and move along.
5 moms found this helpful