Am I Being Unreasonable

[crashbb]

Oh just wanted to add that no she didn't pay me for the missed day. I didn't care about that. But in my agreement she was given weeks ago, it stated 2 weeks notice with pay. She is not honoring that. I'm not sure if I can/should go after her for it. She didn't sign. Basically I just want to be done with her but I don't need the hassle of cps and all. I've never given her just cause. It just isn't fair or right.

The fact that you essentially "fired" her as a client (by telling her that this morning was the last time you'd be looking after her son), would likely remove any possibility of collecting the pay for two weeks notice. Given that she never signed anything, the possibility was remote anyway.

 

[bumbershoot]

I think the only posters in this thread who didn't think she's being unreasonable (in that regard) didn't read the OP carefully enough and thought the child being cared for was sick and the parents didn't want to utilize the OPs services that day.

No, I, at least, got that it was the OP's kids. I've just read of and heard of many strict daycare providers who charge what they charge and no matter what, there are no refunds or extra days.


But...I bet those daycares make sure the parents sign the contracts.

 

[mdsoccermom]

Oh just wanted to add that no she didn't pay me for the missed day. I didn't care about that. But in my agreement she was given weeks ago, it stated 2 weeks notice with pay. She is not honoring that. I'm not sure if I can/should go after her for it. She didn't sign. Basically I just want to be done with her but I don't need the hassle of cps and all. I've never given her just cause. It just isn't fair or right.

There's nothing for her to honor. She didn't sign a contract agreeing to your terms. And as mentioned, In the end, you fired her.

I suggest that in the future, you treat your business in a more professional manner.

 

[dakcp2001]

Good riddance to her, you are better off without her. She was taking advantage of you.

I think that in the future you should have a backup plan or someone to fill in for you if you are sick or your kids are, because it really leaves people in a bind if they depend on your for childcare. But she was making out on that price, so she should have been grateful for that.

 

[kwelch10377]

Oh just wanted to add that no she didn't pay me for the missed day. I didn't care about that. But in my agreement she was given weeks ago, it stated 2 weeks notice with pay. She is not honoring that. I'm not sure if I can/should go after her for it. She didn't sign. Basically I just want to be done with her but I don't need the hassle of cps and all. I've never given her just cause. It just isn't fair or right.

Since she did not sign the agreement, there is no legal agreement in place.

If you are going to continue with providing in home child care, you need to draw up a more professional contract and have it reviewed by a lawyer. You need to have things spelled out exactly. If your clients are required to pay you, even when you tell them you can't provide the service on a day you are suppose to (which I think is unreasonable) you need to spell that out exactly. The way I took how you had things worded was that if the client called and said they were not bringing int he child bc of sickness or a holiday you would still get paid, not if you called the client saying you were sick or taking vaction and not providing the service you would still get paid.

 

[AZMermaid]

The OP has been back many times to explain it really isn't about that one day, it is more the attitude and I think she is right. But, I also agree the contract wording could be taken either way and needs to be tightened up. I don't think it is unreasonable to ask to be paid for days she is closed (especially scheduled ones) as it is pretty standard around here, you pay no matter what, but it just needs to be spelled out a little better so clients can decide how they feel about it upfront.

OP- that is awful she called the authorities. On what grounds? I wouldn't really worry about the school, they probably know she is a nut job, but CPS- yikes!! I hope she was bluffing or they see through her quickly.

 

[mdsoccermom]

The OP has been back many times to explain it really isn't about that one day, it is more the attitude and I think she is right. But, I also agree the contract wording could be taken either way and needs to be tightened up. I don't think it is unreasonable to ask to be paid for days she is closed (especially scheduled ones) as it is pretty standard around here, you pay no matter what, but it just needs to be spelled out a little better so clients can decide how they feel about it upfront.

OP- that is awful she called the authorities. On what grounds? I wouldn't really worry about the school, they probably know she is a nut job, but CPS- yikes!! I hope she was bluffing or they see through her quickly.

No, it' not reasonable to ask to be paid for days she chose, with no notice, to be closed. But in this situation, the contract wording means absolutely nothing since it wasn't signed. This whole thing probably could have been avoided if the OP had been more professional and had a well written, signed contract.

 

[AZMermaid]

No, it' not reasonable to ask to be paid for days she chose, with no notice, to be closed. But in this situation, the contract wording means absolutely nothing since it wasn't signed. This whole thing probably could have been avoided if the OP had been more professional and had a well written, signed contract.

Okay... maybe not reasonable, but very standard practice in the daycare industry. I did like a PP suggestion of telling the parent about your own sick kids and leaving it up to them to decide. If they stay home, well, it is on them and they still pay. But, I don't fault the OP for asking that a very needy 6 year old who spreads poop on the wall and breaks things stay home while her kids are sick.

 

[disneyofcourse]

I just wanted to say that I'm sorry for the way this woman has treated you. I hope from now on you will have papers signed and a strict payment schedule with rules laid out. Around here it is common for the person giving childcare to charge a specific rate each week or month. I do believe you were very unfairly paid and that for a special needs child you should charge accordingly. I guess take it as a lesson learned and change things for the new year.

 

[tinkarooni]

Oh just wanted to add that no she didn't pay me for the missed day. I didn't care about that. But in my agreement she was given weeks ago, it stated 2 weeks notice with pay. She is not honoring that. I'm not sure if I can/should go after her for it. She didn't sign. Basically I just want to be done with her but I don't need the hassle of cps and all. I've never given her just cause. It just isn't fair or right.

I really don't understand why you keep referring to the contract, umpteen people have pointed out, she never signed it. You can't hold someone to a unilateral contract like that. You have no legal right to go after her for the missed day or the lack of two weeks notice.

Your question was are you being unreasonable, yes, if you cancel out on the client than you don't get paid. If they cancel out on you than you should get paid. If you had a contract this would all be spelled out.

FWIW I also don't think you were charging enough, but I assume you set the price and I would change that in the future.

 

[powelweb]

I really don't understand why you keep referring to the contract, umpteen people have pointed out, she never signed it. You can't hold someone to a unilateral contract like that. You have no legal right to go after her for the missed day or the lack of two weeks notice.

Your question was are you being unreasonable, yes, if you cancel out on the client than you don't get paid. If they cancel out on you than you should get paid. If you had a contract this would all be spelled out.

FWIW I also don't think you were charging enough, but I assume you set the price and I would change that in the future.

I'm not a lawyer, but OP may want to check with one as there may be a binding contractual relationship if she presented her client with the proposed contract, and the client could be deemed to have accepted those terms through her actions of delivering her child to the OP's home for daycare services and then making payment for the services provided even though the contract itself was never actually signed.

The crux may come down to how do you prove that you gave her the contract weeks ago, and then after that, you can demonstrate that she performed in a way as to accept the terms.

 

[poohguys]

I never said it made them less of a professional. I work (as a second job) as an hourly employee and I do not get paid sick time. Has nothing to so with not being worthy, it has to do with how it works. I either work my shift or I don't get paid. Most people I know who work as hourly employees are the same. Actually, everyone hourly employee I know (where I know the details) is the same.

You read far more into my statement than was meant.

Maybe it is because you are part time hourly. I am a full time hourly employee and get 9 paid sick days and if we do not use them we are given a check for what we did not use.

OP-When DS was in home daycare we did not pay our provider for days she was sick or her vacation days. For days DS was sick or not there for another reason that was his regular day (M-f) we still had to pay her. She was registerd with the state. At the beginning of every year she gave us her vacation schedule so we could plan accordingly. We were paying $125 a week for a full day and $50 when he was in half day kindergarten, but that was 5 yrs ago. I also agree and think you are underpaid. I would as other posters suggested look in to insurance.

Good luck I hope everything works out

 

[Leajess99]

Oh just wanted to add that no she didn't pay me for the missed day. I didn't care about that. But in my agreement she was given weeks ago, it stated 2 weeks notice with pay. She is not honoring that. I'm not sure if I can/should go after her for it. She didn't sign. Basically I just want to be done with her but I don't need the hassle of cps and all. I've never given her just cause. It just isn't fair or right.

Since it is not signed you have no legal backing on it as they can say you made it up after the fact.

Unless you are a licensed care provider you could in fact find yourself in a hard spot. Also be advised that since she paid you for child care you should be filing taxes on that as a self employed individual and she can claim you on her taxes for child care. Some states have very strict guidelines in child care and when you choose to become a child care provider you must follow those guidelines to include getting any and all necessary licenses. We just recently had a local woman investigated by CPS and have her in home child care stopped because she was not licensed.

 

[crashbb]

Since it is not signed you have no legal backing on it as they can say you made it up after the fact.

She (the client) can say that she never even saw it. Or that she saw it, but it didn't have a clause about two weeks notice. Or anything she feels like.

Plus the fact that the OP "fired" the client - so the OP didn't give two weeks notice either.

 

[North of Mouse]

OP, so sorry you are going through this with a person that is so horrible to deal with. What can she say to CPS about you? You have done no wrong - hopefully you'll have enough on your side to show how kind you have been, and see her for what she really is - that is if she's not just trying to get you upset and hasn't even called them You are well rid of the likes of her

 

[brockash]

Ummm, yeah I think you are being unreasonable. First not only were you expecting her to pay you for not watching her kid, but you also probably majorly inconvenienced her by canceling on her. I get it, kids get sick, but it's a big inconvenience, in which she would have had to and pay someone else at the last minute to watch her kid.

No, she shouldn't have paid you for you canceling on her.

 

[wide awake]

Why the OP cancelled in the first place is beyond me. By the time her kids showed signs of being sick the other child had already been exposed to whatever they had. Bottom line, OP wanted a day off and is miffed she didn't get paid. If she doesn't want to watch the kid, fine, but give the parent some notice so they can find someplace else.

 

[pinkprincess30]

My first thought is you're not getting paid enough money.

My second thought is that I would not expect to be paid if you didn't provide the service unless it is spelled out in some kind of contract.

This was my thought exactly.

 

[peanutsmommy10]

Why the OP cancelled in the first place is beyond me. By the time her kids showed signs of being sick the other child had already been exposed to whatever they had. Bottom line, OP wanted a day off and is miffed she didn't get paid. If she doesn't want to watch the kid, fine, but give the parent some notice so they can find someplace else.

Maybe I was wrong here but why should I take my sick and vomitting kids out to drive her son to and from school when they couldn't even get out of bed? HOW is that fair to my kids. I am a babysitter. I am over the missed pay. Moved beyond it. But do not attempt to judge me as a parent because I put my kids health and safety first. His mother insisted on bringing him when my kids had strep. He got it. Passed it back and forth 3 times because she refused to keep her sick child home. So why should I be flamed for my kids being sick. I have 5 kids who were sick, btw. Do you know what it would've been like to take 5 kids out and drive them in a car while they were vomitting and having diarrea? Was that really fair?

 

[luvthemouse71]

OP, Im thinking that if you continue to watch kids, maybe you shouldn't accept special needs kids. If you are a state daycare, I don't think you can turn down kids. My relative's friend runs a daycare too, but she accepts no funds from the state- so she can be choosy with her clients. Kids with no problems can be tough- kids with issues bring a whole other level of liability.

One kid was a biter- his nickname was Hannibal Lecter. He'd been " expelled" from multiple places for his behavioral issues. Within 1 hour, he'd bitten the friends daughter. She called the mom and told her "come get your child". She was able to fire her as a client.