Daycare Breached Contract?

[Unregistered]

I have signed a weekly contract of $250.00 and gave a $250 deposit. In January I fell behind week a) $100 week b) $250 . On week B I let the care provider know that on week C is pay the $350 and the $250 for that week because unfortunately as a single mother half my income was daycare and it was the first time I fell behind by more than $100.00. She ridiculed me and said I had to read her handbook and it clearly states a 10% late fee charge. I said there wasn't a problem I was more than happy to pay it. She then refused to charge me the late fee and just threatened to terminate care if I didn't keep up and to read my handbook since I seem educated I should be able to read and understand she's running a business. She also said that she never had issues with other families because the spouses actually helped them and I should make the father of my child help me or take care of my child if I couldn't keep up. I went home in tears completely disrespected and read the handbook over and over again as well as my contract. The contract signed states NO late fees or actions. But the handbook states On page 8 section "payment and tuition" "families whose accounts are past due for one month or more will no longer be admitted to the program". Based on the parent handbook I am not in violation of my contract. I informed her that there was no existing 10% late fee anywhere as well. I paid on week c) $600 all fees that were due plus $150 for week D. Due to bad weather he didn't go back until week d day Wednesday. She was extremely upset because I owed her $150 which I informed her I had already processed a direct payment from my bank to her plus that weeks fee. She wouldn't listen and called me a liar and stated that I obviously didn't care about my child's safety because I didn't care to pay her (I took this as a threat to my so ) things escalated and she said because I would just shut up I was disrespecting my elders. I informed her again I didn't mean to fall behind payments have already been processed and the money should be in her hands by Friday. She continue to state I was not allowed to fall behind and if I wanted to be late I needed to give more deposit. Yet my $250 does cover the $150 I was behind - she argued and said that's not how it works and I needed to read the handbook. I told her I did and again I was not in breach of contract because I didn't go over one mo th as the handbook states. This time she argued that the policy did not pertain to me because I was a weekly payer and not monthly. And if I wanted that rule to apply to give her $1000. I told her she was breaching her own contract. She said I was being unreasonable and that she can apply the rules however she wanted and that its all my fault for not keeping up with my weekly payments. She then asked how else this can be arranged and I said biweekly without a doubt will not fall behind because as soon as I get my paycheck I give her the money. She refused. I offered to pay late fees she refused (which I also mentioned that she had lied to me to scare me in regards to the 10%fee and said that it didn't matter as she was the owner of her own business). I explained that she only had two options monthly or weekly (no biweekly) so therefore I did what was more realistic. My son had been going to her since he was 8weeks old and he's now almost 6 months and it's the first time I am falling behind. When I brought this to her attention and again stated her handbook policy she said her policies did not pertain to me and that I should tell me husband to do something with his life and take care of the baby since we didn't care about his safety or wealth (again I took this as a threat). She then proceeded to kick me out and yelled for her husband which didn't allow me to put a jacket on my son not his socks. I cried all the way home. He didn't go Thursday or Friday. But Thursday I reprocessed her two payments $150 $ $250 and $250 for the following week. I sent her an email being the bigger person and apologized for the emotional argument and that I would try my best to keep up. Later that night I got an email with an immediate termination of care and stating I would receive my deposit refund. Am I wrong to state that she has illegal breached her contract on the basis of her late payment policy as it stands written in the handbook?

[midaycare]

I don't think it matters who was wrong or right in this situation. It sounds like the situation got out of hand and you and the provider were yelling at each other??? I would pull my child based on that alone. When a provider loses her cool and insults you, it's time to find a new provider. I'm not saying you weren't a big part of what made her lose her cool, just it's time to move on.

She has every right to terminate services. It's her business.

For future reference, not many daycare providers will let you stay if you are behind in payment. Most providers have a rule that if you haven't paid (and often you pay a week ahead of time), your child can not stay. My clients pay weekly. If they didn't pay me, they wouldn't be welcome back Monday morning.

How would you feel working and not getting paid?

[daycare]

This provider wayyyyy over stepped her boundaries with the things she said to you. That alone would be why I would never ever go back ther. It's none of her business why the father isn't in the picture.

Yes, you were behind, but it doesn't give her the right to talk to you like that. That's just demeaning and rude.

I would pay what I owe and never look back.

This provider could have been more professional with you, it's not like you were not trying to pay it.

[MunchkinWrangler]

As much as I want to give the OP the benefit of the doubt, we don't know both sides of the story.

Sounds like emotion played a huge part in this.

The provider has probably become fed up with families who have fallen behind in their payments, everyone can agree that we don't get allowances when our bills are late and no utility cares about the reason. The parent handbook can cover different information than your actual contract. That's where all your billing and termination statements should be.

Now without knowing this info, I would suggest you just move on. It's obviously not a good fit. For whatever reason, your provider was not happy, it makes me wonder if there were other issues than just payment going on. But I want to give you the benefit of the doubt. Give her proper notice according to your contract and start looking for another provider.

[daycare]

As much as I want to give the OP the benefit of the doubt, we don't know both sides of the story.

Sounds like emotion played a huge part in this.

The provider has probably become fed up with families who have fallen behind in their payments, everyone can agree that we don't get allowances when our bills are late and no utility cares about the reason. The parent handbook can cover different information than your actual contract. That's where all your billing and termination statements should be.

Now without knowing this info, I would suggest you just move on. It's obviously not a good fit. For whatever reason, your provider was not happy, it makes me wonder if there were other issues than just payment going on. But I want to give you the benefit of the doubt. Give her proper notice according to your contract and start looking for another provider.

Yes two sides to every story, and no matter what someone had done NO one should be talked to like that.

We are all professionals we should act like it. Professionals don't talk to people like this no matter what the customer did.

[Thriftylady]

There are two sides to every story, and only getting one side I can't say.

What I can say to the OP is that I as a provider would have never given care with an outstanding balance. It is common in the industry to do as I do and take payments in advance of the week of care, and if you can't pay it your child can't stay. I have also been a single mother, I get that it is hard, but keep in mind that without childcare, you can't work therefore make no money.
Also, deposits are not usually meant to catch you up if you get behind. Most of the time deposits are meant to cover the last two weeks of care. If you give two weeks notice, it is applied to what you will owe for those two weeks, and if you don't give notice you forfeit the deposit. Please remember we have bills and families to take care of and we have the added expense of paying for food, supplies, utilities, etc for other peoples children also. Without the income, we can't provide proper care.

If things really got that heated, I would pull my child and find a new provider. Once things get heated, the relationship you have with her will never be the same. Trust has been broken and without trust there just can't be a good provider/parent relationship.

[Unregistered]

Now without knowing this info, I would suggest you just move on. It's obviously not a good fit. For whatever reason, your provider was not happy, it makes me wonder if there were other issues than just payment going on. But I want to give you the benefit of the doubt. Give her proper notice according to your contract and start looking for another provider.[/QUOTE]
The parent handbook states and I quote "On page 8 section "payment and tuition" it says "families whose accounts are past due for one month or more will no longer be admitted to the program". The contract signed just states the beginning of of contract and day payment is due. No where else does it states anything different. Although I never fell behind 1 month which would $1000.00. The max was $350 I see that I was still within my contract. When I mentioned this to her she just stated it didn't apply to me because I was weekly payer.... But by what's written "families" apply to all. It does not specify payment option. I know it's my responsibility to keep up but her own handbook has stipulated the max that a parent can be late, one of which I never came close in past dues.

[MunchkinWrangler]

Yes two sides to every story, and no matter what someone had done NO one should be talked to like that.

We are all professionals we should act like it. Professionals don't talk to people like this no matter what the customer did.

Like I said without both sides, we just don't know. There could have been many other issues that we all talk about on here that would make me think that's why the provider lost her cool. But OP could have, also. No offense, OP.

Yes, I agree, it is very unprofessional to act that way. I was in customer service for 15 years before doing childcare. People have changed, they are dismissive and downright rude at times and the art of being a customer is lost. As much as you try not to take it personally, everyone has their breaking point.

[Unregistered]

I don't think it matters who was wrong or right in this situation. It sounds like the situation got out of hand and you and the provider were yelling at each other??? I would pull my child based on that alone. When a provider loses her cool and insults you, it's time to find a new provider. I'm not saying you weren't a big part of what made her lose her cool, just it's time to move on.

She has every right to terminate services. It's her business.

For future reference, not many daycare providers will let you stay if you are behind in payment. Most providers have a rule that if you haven't paid (and often you pay a week ahead of time), your child can not stay. My clients pay weekly. If they didn't pay me, they wouldn't be welcome back Monday morning.

How would you feel working and not getting paid?

. In my area and I did lots of research on placed but because he was so young there were minimal centers- they have a 5 day grace period... A later % fee or daily late fee. Her handbook / contract states families whose accounts are past due one month or more which would be $1000 for me would be terminated for services. She was aware of this and said it didn't apply to me even if the handbook didn't state monthly paying parents. I fell behind max $350 which isn't a breach of her own policies.

[NoMoreJuice!]

The whole situation stinks. You absolutely have to cut ties and find a new provider asap. If she's refunding your deposit, that's the very best you can hope for. Are you asking do you have a legal case in court for breach of contract? Because I don't believe any judge will listen to your story. They will look at the contract, see that she refunded your deposit, and dismiss. You really don't want to get into that.

Take your baby and your lessons, and go to a new provider. Also, a helpful tip: don't tell this story to your new provider, just say you weren't happy with the care provided. If someone came to an interview with me and told me that story, I wouldn't accept your child into my care simply because I am wary of parents falling behind on payments and any sort of drama (regardless who is at fault).

[MunchkinWrangler]

. In my area and I did lots of research on placed but because he was so young there were minimal centers- they have a 5 day grace period... A later % fee or daily late fee. Her handbook / contract states families whose accounts are past due one month or more which would be $1000 for me would be terminated for services. She was aware of this and said it didn't apply to me even if the handbook didn't state monthly paying parents. I fell behind max $350 which isn't a breach of her own policies.

Honestly, you owed money. Most providers, including myself, wouldn't even admit your child into their care until the debt is paid up. I have so far not had to deal with anyone falling behind as it is clear that if there is not payment, you can't use my services and I keep charging until a termination notice is presented in writing as I charge for enrollment not attendance.

Sounds like according to your contract you hit the max, that's why I believe providers should never have allowances for any reason, because it becomes this issue. I wasn't over the max allowance for monies owed, what's the problem?

I am a single mother, I have struggled, I know what it's like. I do daycare partly because I wouldn't be able to afford working outside of the home.

I truly wish you the best with this situation. Pay her the money you owe and terminate, the relationship with your provider is already scarred.

[Blackcat31]

I have signed a weekly contract of $250.00 and gave a $250 deposit. In January I fell behind week a) $100 week b) $250 . On week B I let the care provider know that on week C is pay the $350 and the $250 for that week because unfortunately as a single mother half my income was daycare and it was the first time I fell behind by more than $100.00. She ridiculed me and said I had to read her handbook and it clearly states a 10% late fee charge. I said there wasn't a problem I was more than happy to pay it. She then refused to charge me the late fee and just threatened to terminate care if I didn't keep up and to read my handbook since I seem educated I should be able to read and understand she's running a business. She also said that she never had issues with other families because the spouses actually helped them and I should make the father of my child help me or take care of my child if I couldn't keep up. I went home in tears completely disrespected and read the handbook over and over again as well as my contract. The contract signed states NO late fees or actions. But the handbook states On page 8 section "payment and tuition" "families whose accounts are past due for one month or more will no longer be admitted to the program". Based on the parent handbook I am not in violation of my contract. I informed her that there was no existing 10% late fee anywhere as well. I paid on week c) $600 all fees that were due plus $150 for week D. Due to bad weather he didn't go back until week d day Wednesday. She was extremely upset because I owed her $150 which I informed her I had already processed a direct payment from my bank to her plus that weeks fee. She wouldn't listen and called me a liar and stated that I obviously didn't care about my child's safety because I didn't care to pay her (I took this as a threat to my so ) things escalated and she said because I would just shut up I was disrespecting my elders. I informed her again I didn't mean to fall behind payments have already been processed and the money should be in her hands by Friday. She continue to state I was not allowed to fall behind and if I wanted to be late I needed to give more deposit. Yet my $250 does cover the $150 I was behind - she argued and said that's not how it works and I needed to read the handbook. I told her I did and again I was not in breach of contract because I didn't go over one mo th as the handbook states. This time she argued that the policy did not pertain to me because I was a weekly payer and not monthly. And if I wanted that rule to apply to give her $1000. I told her she was breaching her own contract. She said I was being unreasonable and that she can apply the rules however she wanted and that its all my fault for not keeping up with my weekly payments. She then asked how else this can be arranged and I said biweekly without a doubt will not fall behind because as soon as I get my paycheck I give her the money. She refused. I offered to pay late fees she refused (which I also mentioned that she had lied to me to scare me in regards to the 10%fee and said that it didn't matter as she was the owner of her own business). I explained that she only had two options monthly or weekly (no biweekly) so therefore I did what was more realistic. My son had been going to her since he was 8weeks old and he's now almost 6 months and it's the first time I am falling behind. When I brought this to her attention and again stated her handbook policy she said her policies did not pertain to me and that I should tell me husband to do something with his life and take care of the baby since we didn't care about his safety or wealth (again I took this as a threat). She then proceeded to kick me out and yelled for her husband which didn't allow me to put a jacket on my son not his socks. I cried all the way home. He didn't go Thursday or Friday. But Thursday I reprocessed her two payments $150 $ $250 and $250 for the following week. I sent her an email being the bigger person and apologized for the emotional argument and that I would try my best to keep up. Later that night I got an email with an immediate termination of care and stating I would receive my deposit refund. Am I wrong to state that she has illegal breached her contract on the basis of her late payment policy as it stands written in the handbook?

You felt threatened twice.
Why would you return?

[Haven]

Having back payment for week A, B, C, and D would mean that you fell behind for a month. The contact didn't stipulate an amount just a time frame. IMHO having a back payment for four weeks would put you in that termination category. Again this is my opinion. If i where you i would just let it go and try not to make the same mistake with my new care provider (paying behind and not reading the handbook first). I can't say what your care provider did was breaching the contract but you also breach her contract. You agreed to pay a certain amount weekly and you fell short (please don't take that offensively). I know it's hard but you can't expect everyone to understand your situation an agree to terms (1/2 payment) that weren't stated in the agreement. Late payments can put providers like me I a tough situation. If everyone paid me late my utilities would probably get cut every other mouth and I wouldn't be able to replace thing that broke. These things are dangerous. This could be what your provider ment when you said she threatened your son. Im sorry this happened but i think this is a learning experience for both parties. Good luck!

[Unregistered]

Yes two sides to every story, and no matter what someone had done NO one should be talked to like that.

We are all professionals we should act like it. Professionals don't talk to people like this no matter what the customer did.

Honestly, though, sometimes "single moms" need a verbal b slap. My dh owns a business with some family members. Part of that business invovles his employees getting tipped. Many times people will not tip. The most common reply is "I'm a single mom". You should see the faces they make when he points to an employee he has who is a single mom. He asks if they would get a tip and when they say no he says "She's a single mom" in that crybaby tone. 9 times out of time, they're dressed and styled to the nines.

I'm sorry daycare isn't a right. (Like a lot of things aren't a right). If you can't afford to pay for daycare, they are other options. You probably don't like those options. You feel it's ok not to pay, because you're a single mom. You know what?! I had troubles having children, because I waited to afford kids before I had them. I saw my MOM who was a single mom pay everything and never stiff anyone. If it was between not paying someone, we did without.

[MunchkinWrangler]

Honestly, though, sometimes "single moms" need a verbal b slap. My dh owns a business with some family members. Part of that business invovles his employees getting tipped. Many times people will not tip. The most common reply is "I'm a single mom". You should see the faces they make when he points to an employee he has who is a single mom. He asks if they would get a tip and when they say no he says "She's a single mom" in that crybaby tone. 9 times out of time, they're dressed and styled to the nines.

I'm sorry daycare isn't a right. (Like a lot of things aren't a right). If you can't afford to pay for daycare, they are other options. You probably don't like those options. You feel it's ok not to pay, because you're a single mom. You know what?! I had troubles having children, because I waited to afford kids before I had them. I saw my MOM who was a single mom pay everything and never stiff anyone. If it was between not paying someone, we did without.

Whether being a single mom is being used as an excuse or not, no paying customer should ever be treated with disrespect. Yes, daycare isn't a right, but it should be a right to be treated nicely.

I think single moms bring this up because it is a part of their identity. Yes, some people use it as an excuse, others use it as a reason to fight against the statistic. Most single mothers didn't plan on being in that situation. I certainly didn't but to generalize and make a blanket statement about a group of people is pretty rude.

The emotion needs to be taken out of business. Your personal feelings about anyone as a group shouldn't play a part in your business decisions or the way you treat people. And if you can't do that you shouldn't run a business. Period.