daycare related what do i do Sorry So long

Hi everyone I have a problem/question so here it goes... I have been in daycare for the past 2 1/2 years and 1 family that i have had since day one I gave a two week notice too on friday because they or I should say the mom does not abide by my contract and policy.  They got divorced in oct and she has changed so much she would leave the kids with me say she was at work with meetings until late and actually be at the bar with her boyfriend, anyways she is the one I have a problem with and Her new boyfriend called me friday night telling me I was not a good daycare provider i didn't treat the kids right and That I have changed so much in the last month.  I do agree with one thing I have changed alot in the last month I AM SHRINKING the big ole dummy anyways I also have redone my contract because of her and as of Jan 1 200*****anged again and is strict And I told her to follow everyhting because I was going to inforce it and I have!!!! so getting back to her boyfriend he said they were not coming back because they were so dissatisfied with me and were not paying me my two week notice and if they needed to they would take me to court to get money back that they said I overcharged them (which there were hours they had to pay for and they new that) they have money she makes alot and so does the dad I don't have money for a lawyer and I could take them to small claims court and get my money I just don't know what to do.  she is gonna trash my name anyway so why not.  I have been so sick over this I couldn't keep anything down sat or sunday until sunday night I had some jello and pudding.  I don't know what i did that was so wrong.  Oh ya and she sent me a certified letter sat already saying they were not paying me and they never signed the contract because they didn't agree with it what ever dumb azz she did sign it.  Sorry about my rambling i just don't know what to do or if this even makes sense to you guys.  I would never do anything to hurt the children or put them in danger.  I think she is just doing this because she is mad and she knows I don't have a mean bone in my body and wouldn't do anything about it anyway.  well i am developing quite an attitude overthis!!!!!!! Would you if you were me go after the money that was owed to you or would you just leave well enough alone... HELP!!!! my hubby thinks just leave it be and I don't know I mean if she is gonna talk smack about me I might as well get something out of it right? or is that greedy.....I have been with these guys since  the day I opened and now all of a sudden i am no good WHATEVER..............anyways let me know what ya think sorry to lay out all my problems for you ....... Hugs Marsha

Marsha, As long as you have proof that they owe you money and a paper trail of them not complying i say go after your money. stand up for yourself doll. Good luck L.

Marsha.....I would be mad too. They signed the contract and should pay. If you take it to small claims court does it cost you money??? If it does they would be liable to pay those costs as well. You have a legal and binding contract. I would go for it!! What idiots they are!! I would charge them with slander as well if they spread too many rumors. Doesn't sound like things are so wonderful in their wonderland!! Hugs and love to you sweetie....connie d

Marsha- You poor thing!  What a mess! If the amount of  money you are going after is enough to cover the cost of going to court, I'd go.  Just on principle!  The only thing is, you'll have to close daycare to go to court, so would that be worth it?  I don't know.  Maybe you could keep sending them the bill, kinda like a collections agency would, i dunno.    Do the daycares in your area have a way to look up who doesn't pay?  Could you report them there?  OR maybe if you belong to a daycare alliance (is that even a real thing?!?!?!)  you can let all those poeple know how the situation was handled, so they know not to get involved with them.   Good luck!   Jeanne

Do you have a current contract signed by them? Sounds like they didin't sign it. If the did sign, small claims can be filed for less than $100 and if you win you can sue them for that as well. If they didin't dign the contract you are stuck I am afraid you are out of luck.

I can see where the whole situation is causing you turmoil. I feel for you.

Hi Marsha I'm so sorry you're going through this. Here are my thoughts.........I did daycare for 7 years, so I know where you're coming from. It's too bad that this lady is behaving this way. Unfortunately, that's the type of people we can run in to when we do daycare. Bummer, I know. I had a few daycare parents who weren't the easiest to deal with. Basically, as long as they signed the contract, you can sue them for the 2 weeks they owe you, and for anything else they haven't paid you. I had a clause in my contract that stated, if the parents were late, they owed a certain dollar amount for every 15 minutes they were late. I figured, this was my job, and like any other job, if you do overtime, you get paid for it. You would be able to prove what they have paid you by your receipts. They would have to prove otherwise, that either they did pay you those 2 weeks, or that they didn't sign the contract. As long as you can prove they signed it and prove they didn't pay these 2 weeks, you have a case. As far as the hassle of suing them.......just my 2 cents worth, it's a pain to do. My daughter had to do that with someone who owed her money. Yes, you can get the judgment, but it's  a pain to enforce. It might be easier in your situation because since you know where she works, you could garnish her wages. Basically, you just have to decide if it would be worth you effort. You would have to take time off from your daycare to go to court, travel etc. My daughter ended up going to court 3 times to finally get it all straightened out. The first court date, the guy said he had proof of payment, but didn't have them with him. The judge made another date, which was more time off, travel, etc. etc. He pulled the same thing the 2nd time and it was rescheduled again, so resulted in a 3rd visit before it was finally finished and determined that he did sign the contract, didn't pay my daughter.....so she got her judgment. A real pain. She hasn't seen a dime cuz he has only a minimum wage job so there's no money for him to be able to pay her. Sorry this is long, but basically, you just have to decide if it's worth the effort. Hope this all works out for you.  Hugs Peggy

Hi Marsha...what an awful situation to be in!  I'm so sorry, I know if it were me, I would be sick over it too. Before I would just sue, I would send her a letter (I would guess she may not sign for a certified letter from you), and if you have her email address, send her an email as well saying the same thing.  As opposed to the awful letter she sent you, I would address her with compassion.  Divorce is a painful thing for all parties.  I would express your concern and care for her situation, and your care for the children's well-being.  I would state that you would rather deal with this in an adult and professional manner, and that you are willing to fulfill your obligation to them by continuing care for the children until they are able to find suitable alternative care and to part on friendly terms at that time.  But that if they refuse to stand up to the terms of your contract, that you have no choice but to pursue all means to rectify the financial burden that they have put on you. If she refuses to acknowledge your letter, I would be prepared to sue.  Small claims can be filed for less than $100, and you can include your filing fees in your lawsuit.  Go to your counties web page to find out details on how to file small claims.  Yes, you will need to take time off to go to court.  Quite frankly, if she doesn't have a leg to stand on, she probably wont show and you would get a default judgement.  Then it would be a matter of filing the paperwork to garnish her wages for the judgement against her. Good luck to you!  Let us know what you decide to do...

Marsha, Any communications you snail-mail her make sure you get a receipt of delivery from the post office. This way you can show that you sent her a letter and that she got it.  I don't know if you can use emails in court, I wonder how the time/date stamp would work. And being able to proove that she got the email is impossible, so snail mail with receipt is the safest way. Best of luck, Karen

As a daycare provider, you have a social worker (or whatever they are called), correct? What is his/her thought? Have you talked with them about this? Is it clear in your contract that if you terminate a contract, they are required to pay the remaining two weeks? We've been through a lot as "employers" of in-home daycares as far as contracts and the providers go. Plus we have a close friend that would gladly talk you through this whole mess. Feel free to PM me if you want her contact information! HUGS - be good to yourself!

A lot of good advice has already been given here.  It sounds like you have the paper trail to back you up, as long as it clearly states the two week notice goes both ways regarding who chooses to give who the notice.   Write her the letter as Heather suggested.  Keep it professional, but be sure to let her know what you have supporting YOUR side of the situation, including her signature on the current contract.  Advise her to think carefully before she spreads any negative, false information about the care you have provided her children over the past 2 & 1/2 years.  There's a good chance they wouldn't follow through on the threat to pursue getting any money back from you - probably just trying to scare you into letting them go without that last 2 weeks pay.  If they're willing to let it go at that, it would probably be less stressful for you to let it go.  But if they continue badgering you, just be sure you document every conversation and all correspondence - be good and prepared to present your case if they DO file suit against you.  And if they do, be sure you file a counter suit. Be sure to provide your licensing agent (assuming you are licensed) with a copy of everything.  You might even want to get letters from your other parents supporting the care you provide, to shoot that whole bogus arguement down in front of a judge.   Hugs to you, Marsha.  And a dose of balls if you need 'em.