DCM's Lawyer Called Me

[Play Care]

I think it's time for you to get your own representation.

Unfortunately it seems that if they get lawyered up, you need to as well. I've read too many horror stories by providers who went in to court by themselves only to get chewed up and spit out.

[snbauser]

Nowadays, you can usually find a lawyer to see your side no matter what. I would contact your own attorney or find one to give a free consult. You don't know what the lawyer has told her. They may have told her that there isn't much they can do but that this was their best attempt at scaring you into dropping it. Like someone else said, you don't work for her. Your contract is based on her drop off and pick up times. If she didn't show for her contracted drop off time then she violated the contract.

[LaLa1923]

Yes I contract for specific hours. Yes, I told her lawyer this. He said it doesn't matter, contract law is contract law and I have to be available during her contracted hours no matter what time she drops off.

This is my business, not his. Why would that be ok?? I will contact my lawyer when she gets back from vacation.

This entire thing just makes even more mad every time I think about it.

It appears DCM knew exactly what she was doing and she used me. I helped her out a lot and she walked all over me. No more special from me!!

[DaisyMamma]

Do you have anything in your contract about late arrivals?

I have that parents must contact within 1 hour of contracted time if they will be late otherwise I assume they are not coming and may make plans or leave the house. It also says if they need care but don't let me know within that hour window and I make plans or leave it will be their responsibility to find alternative care for the day.

I'm so sorry you are going through this. Contact a lawyer yourself.

That's what I was wondering.

Do you know any lawyers who can review your contract?
He may be BS/bullying you and just hoping you cave in order to not have to pay your own legal fees.

You'll have to decide to either let it go or call your own representation.
:hug: Good luck. I'm sorry you have to deal with this.

[LittleD]

And I certainly wouldn't be contacting her lawyer to fence words with him anymore. Wait for your lawyer. Not to mention just because the lawyer doesn't think it's valid, it's really up to a judge, kwim? If you have a lawyer who thinks you can win, I'd go for it, just out of principle!
AND go for pain and suffering LOL!

[blandino]

It would be the same as a client making a 10:00 appointment with him, missing it by an hour. Would he still feel that he needed to be available to the client ? NO.

I mean I understand that he wouldnt have a contract with that client. But it is still the same thing. I really feel that his line of thinking is thinking of you as an employee of DCF, and not as a independently owned business.

If you change the type of business to a Dr, a store owner, etc. the situation doesn't hold up.

[Meeko]

I genuinely don't beleive this line of thinking will hold up. He is thinking of you like a nanny, who works for them, not as a business who operates on it's own schedule. I would find a eloquently worded way of wording that. Your schedule is not dependent on your client. You run a business with it's own independent schedule that incorporates each child's contracted drop off time, but is not dependent on, each child's individual arrival outside of those contracted times.

This.

By his thinking, a daycare provider could NEVER go anywhere with any of her kids if a parent has not shown up or called. The provider would have to stay home just in case a parent decided to show up on a whim. No business could survive that way.

If a provider has arranged to take her kids to the zoo, has them all ready to go, other parents have taken time off to help chaperone.....but Suzie's mom doesn't show, doesn't call and the provider cannot reach her........then they all can't go to the zoo because Suzie's mom MIGHT decide to show up after lunch???????? That's absurd.

I think the same as someone else pointed out earlier. He has probably told her that she doesn't stand a chance, but that he'll make some noise anyway and maybe she'll be lucky.

Bully tactics happened to me about 6 years ago. I wasn't trying to get payment, but I had a very difficult mother who tried to get money for something SHE did.

She picked up her happy, healthy child one afternoon and put him in the car. Then took off like a bat out of he!! up the road...getting air as she flew over the speed bumps on our private road. I had talked to her about it before and our police officer friend who lived up the road had told me he was ready to ticket her if he saw her speed up the road again.

About an hour later, I get a call with her yelling and screaming that her son's tongue was very badly cut and what did I do to him??? I figured out in a second that he had badly bitten his tongue as she went over the bumps. She told me he was bleeding profusely and needed stitches and I reminded her that she picked up a clean, smiling 2 year old an hour earlier. Not a trace of blood. If he was that badly injured, she would have seen a bloody, screaming child!! She was verbally abusive and so I termed over the phone.

A couple weeks later, I get a letter from an attorney stating that the child was abused in my care...but that the mother was willing to "let it drop" for a payment of $5000!!!!!!!!!!!!!!!!!! They gave me three days to cough up the cash or she would "take it further".

I called and told the lawyer to "bring it on". What kind of mother is willing to drop her child being supposedly "abused" for a cash payout? I also told him that the police officer who lived at the end of the road and watched her fly over the bumps would like to talk to her.........I never heard another word.

I would still contact your own lawyer just in case, but I feel your are being bullied and she doesn't have a real case. He probably told her he would make some noise and see what your reaction was.

[Meeko]

It would be the same as a client making a 10:00 appointment with him, missing it by an hour. Would he still feel that he needed to be available to the client ? NO.

I mean I understand that he wouldnt have a contract with that client. But it is still the same thing. I really feel that his line of thinking is thinking of you as an employee of DCF, and not as a independently owned business.

If you change the type of business to a Dr, a store owner, etc. the situation doesn't hold up.

[Blackcat31]

Yes I contract for specific hours. Yes, I told her lawyer this. He said it doesn't matter, contract law is contract law and I have to be available during her contracted hours no matter what time she drops off.

This is my business, not his. Why would that be ok?? I will contact my lawyer when she gets back from vacation.

This entire thing just makes even more mad every time I think about it.

It appears DCM knew exactly what she was doing and she used me. I helped her out a lot and she walked all over me. No more special from me!!

Does your contract say anything about late drop offs or families needing to be on time?

Does your contract state you take walks, field trips of whatever you were doing that you weren't home when the DCM tried to drop off?

Does your contract say anything about late parents needing to contact you within a certain time period or they will be considered absent? or anything similar?

How late was she dropping off?

[Willow]

It would be the same as a client making a 10:00 appointment with him, missing it by an hour. Would he still feel that he needed to be available to the client ? NO.

I mean I understand that he wouldnt have a contract with that client. But it is still the same thing. I really feel that his line of thinking is thinking of you as an employee of DCF, and not as a independently owned business.

If you change the type of business to a Dr, a store owner, etc. the situation doesn't hold up.

The difference would be that if you missed a doctor's appointment doc couldn't still charge you or bill the insurance company regardless unlike many providers who are set up the opposite.


I do think OP needs to sort out whether dropping it or getting her own representation is the best route to take at this point.

I can sort of see where he's coming from and do think they might have a decent argument unless everything is laid out to the minute and all stipulations about how she runs contracted hours are crystal clear.

[daycarediva]

I really have no other advice other than ((((HUGS))))

[LaLa1923]

Does your contract say anything about late drop offs or families needing to be on time?

Does your contract state you take walks, field trips of whatever you were doing that you weren't home when the DCM tried to drop off?

Does your contract say anything about late parents needing to contact you within a certain time period or they will be considered absent? or anything similar?

How late was she dropping off?

DCM was an hour late. No late drop off unless pre arranged the previous business day.

I do have in my contract that we go and do things and I do not wait on late parents, that they must contact me.

[KnoxMom]

My first word of advice to you is DO NOT SPEAK WITH THE LAWYER. He will try to take anything you say out of context. Do not explain anything, don't go over the contract with him, don't speak a single word to him. If and when you have representation, send his information on to them and let him know he is no longer to contact you directly. DON'T TALK TO DMC either!! Now that she has taken legal action, you need to be very careful about any exchanges. Stay polite, but let her know you have been advised against communication at this time. If you don't mind, post your contract here (or at least the parts relevant to the case). I think it will become very obvious who is responsible for what. In the event your contract doesn't cover these items, your lawyer will have a better understanding of what is expected and usually ruled in your area.

[Blackcat31]

DCM was an hour late. No late drop off unless pre arranged the previous business day.

I do have in my contract that we go and do things and I do not wait on late parents, that they must contact me.

Ok, I am not an attorney but I did think I'd be one someday....

Since you have a specific rule about late drop offs and DCM did not follow that contract SHE broke her end of the contract and has no rights to expect you to follow through on your part of it.

She cannot disregard certain rules and expect you to only follow the ones she wants you too.

Her actions came BEFORE yours, therefore SHE voided any obligation you have to be available to her. You WERE available to her at HER designated time and she chose to disregard that and show up at a later time in which your contract states is ONLY acceptable if she makes arrangements the day before.

Her lawyer is using scare tactics to freak you out and in all honestly, I would call her/his bluff. A true lawyer would never contact the party their client wants to sue and "scare" them. He would instead advise his client to persue this matter in court for everything she can...kwim?

You need to go ahead and move ahead with collection against this mom and file in small claims court. Or better yet, contact an attorney yourself and ask for their advice. The first consult is usually free of charge.

Hugs for dealing with this....I know it sucks.... I've had similar experiences with lawyers trying to push their "authority" around

[VTMom]

My first word of advice to you is DO NOT SPEAK WITH THE LAWYER. He will try to take anything you say out of context. Do not explain anything, don't go over the contract with him, don't speak a single word to him. If and when you have representation, send his information on to them and let him know he is no longer to contact you directly. DON'T TALK TO DMC either!! Now that she has taken legal action, you need to be very careful about any exchanges. Stay polite, but let her know you have been advised against communication at this time. If you don't mind, post your contract here (or at least the parts relevant to the case). I think it will become very obvious who is responsible for what. In the event your contract doesn't cover these items, your lawyer will have a better understanding of what is expected and usually ruled in your area.

I agree with this 100%.