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eillem123 | Guy jerks child out of day care - do I owe him a refund? |
I own & have operated a day care in my home for over 2 yrs now. I open at 7:30am & have been a few minutes late to open on only 2 occasions. I've cared for an emotionally disturbed child since Sept '07 for a single dad & these late days occurred after that child's enrollment. All the parents know, including him, to just call me if I'm not in the day care room when they arrive. They know I'm here - I LIVE here! He won't call for some reason. The phone number & these instructions are posted on the door so he couldn't just 'forget'. Yesterday was the 2nd day I was late but he brought the child on in & all seemed to be well. Then, at around 5:30pm, his gf comes & hands me a letter 'terminating my services' because of my being no more than 15 minutes late opening up twice. Besides being very abrasive in the letter, a refund of $300 which he'd prepaid for this month, plus another $50 for his 'lost wages' were demanded. I was also threatened with legal action & with being reported
Additional Details
to DSS if I didn't pay up w/in 24 hours! This guy signed an agreement at enrollment stating that he would give me a 2 week notice "for ANY withdrawals", plus he habitually brought the child in 15-20 minutes before I was officially open, fully expecting not to be charged! Well, I was a good sport about that, but now that I have actually figured out how much 'free time' he got, - well over $100 - I plan on charging him. It is posted in plain veiw that the fee for any child left after closing or brought before opening is $10 per every 15 minutes. He has also broken the safety rules by opening the door & just shoving his child inside w/out making sure an adult knew he was here! That would make ME liable if anything had happened to the child during that time! So, would you think I have refund the $300 or the $50? |
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Jeff
 |
Give him a pro-rated refund and tell him that if he expects anymore he will have to follow through with the legal action. You've done nothing wrong, and you SHOULD be paid for the days you've already watched the child.
If it truly is only 15 minutes or less ( totaling at most 30 minutes of his "lost time" ), then his "lost wages" he is demanding means he makes in excess of $100/hour? Doubt it!
As far as being reported...what can he report you for? Opening up business late? That's laughable.
Just send him a letter with his pro-rated refund and let him know that you're sorry to see him go but you are refunding an appropriate amount of money to him ( the days you haven't watched his child ). It's money you haven't "lost" anyway. If he decides to take you to court, he'll be hard pressed to get a judgment in his favor - plus he'll have to miss MORE time from work.
Good luck, I hope you can come to a solution that causes the least amount of stress.
**Just read your added note so I'm editing at the bottom here**
Charge him whatever fees it costs for him being early, the days the child was there, and refund him the rest ( if any ). That would be my recommendation - but if it were me, keep in mind I'm more abrasive than most, I'd charge him all that, plus the two weeks worth that it states in your contract he must give you notice for, and refund him the rest, if any. If he owes more than what he's paid you, politely state that if he does decide to take you to court, that you will be counter suing for the rest of the charges. |
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Blondie
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I would give him a refund for what he pre-paid, but not for his lost wages. That's his problem. |
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TeacherChick
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I feel ya! I am a former KinderCare director and I know how difficult some parents can be. Sounds like you have an emotionally disturbed dad on your hands! Here's what I would do in this situation. I would go back to your written policies and procedures. If this parent signed a contract stating that you must have two weeks notice of disenrollments and that all monies prepaid would be forfeited in the event that the parent does not provide two weeks notice, I would stand on that, write him a letter restating this, and including a copy of his signed agreement with the letter, and be done with it. His consent to this policy is legally all you need. If you feel like that won't give you the peace of mind you need, then consider refunding the unused portion of the $300, and write a letter releasing him from that aspect of the policy as a gesture of goodwill. This business about lost wages and lawsuits is bogus. If you are worried about whether your licensor will become involved than this is what I would do. Call her yourself and let her know about the situation and how your handling it and ask for her imput. In my experience licensors respond well when you approach your relationship with them as a partnership and let them help. Have a wonderful weekend, and don't let this guy ruin your day. You are better off without him and his child! Good luck! |
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missusjonz
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I'd only charge him for the days he dropped off early if you documented it each & every time it occurred. . . if you are guessing or estimating, it's probably not worth the meltdown he will have when you stick it to him.
Charge him for:
--days dropped off early (IF documented); itemize every single day he did this on the bill
--the two weeks he is contractually obligated to pay you for terminating without notice
--any days you kept the kid this month already
Refund the difference, if there is anything left of the $300 prepaid. Ignore his request for lost wages; I don't know for sure what your state's laws are, but it is HIGHLY unlikely that he is legally entitled to this unless such was stipulated in the contract between the two of you.
I'd also suggest sending the refund by certified or registered mail. I can't remember the difference between the two, but you will want proof that he received the letter containing the bill & the refund.
If he does take you to court, try not to worry. You have clearly published policies to cover the incidents in question (sign at door) and you have his signature on a contract. |
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dazedandconfused
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If he pre-paid, he should get his money back for what services he hasn't received...Did you not stipulate some sort of notice being required for when they want to leave? Our daycare states explicitly that we have to give 2 weeks notice, or we have to pay those 2 weeks if we leave on any shorter notice. |
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Lena E
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I doubt he will take legal action, just to speak to a lawyer will cost him more then he asked you for.
Your best bet to be fair would be to offer him a refund for however many days are left in the month that his child will not be attending the day care.
I'm assuming since its the 8th you owe him about $220.
As for the lost wages, tell him take your partial refund or leave it. If he cant follow the instructions on the door, then that is his problem. |
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Nikki ツ
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i wouldn't give him any of it back. he signed a contract and broke it, so that's his problem. |
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tinkerbell
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hell no! if you were only late twice, dont give him a refound or watever crap, he cant report you, or anything, you can make the other parents sing a letter showing that you only been late 2 and you were only 15 minutes late... |
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geevi a
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Hiring a lawyer for minor legal problems can be expensive, but there are websites like LawGuru, FindLaw and other places where you can get free legal advice. I found this website useful - http://www.uelp.org/freelegal.html |
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Me
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Just refund/credit back the time the child wasn't at daycare and move on. Call his bluff... they won't do anything. An the judge will be fine with what that anyways. |
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Dr Dave
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Well you are within your rights. I would give him nothing back but if you want to avoid problems or harassment later give him back the 300 but not lost wages on his part. You honored your contract and probably would win in small claims.
If you are not legally liscense to operate your own day care, you need to pay him up to shut him up. |
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