Ok I normally don't put personal info on TW, except to post when I come out of closets which I seem to do often 
, but I felt this was almost too funny not to post.
Cliffs:
-We terminate contract with daycare provider
-Daycare provider threatens us with collections
***EDIT***
-Story continued on Page 3
So my wife and I both work. We hired a daycare provider who provides service out of her home to pick up our daughter from school in the afternoons until my wife gets off of work. Just so happens this lady is also a Brownie Troop leader and gets my wife to sign my daughter up for Brownies.
We have a signed contract with this lady for her services which states that we will pay her money to provide daily care. The contract also says that we will pay her for "vacation" time... a certain number of days per year were she will be closed, but we will owe her money for those days as if she were open. It also says that her daycare will be closed for two weeks for Maternity Leave, which is not considered Vacation and we DO NOT owe her money for these two weeks. The contract also states that it can be verbally terminated, and that two week notice is required to avoid an early termination fee.
The Daycare provider is very pregnant and the time for her two week maternity leave came up. Now, we obviously needed care for our daughter during these two weeks of maternity leave, so we were forced to find an alternate day care provider. We had also been discussing trying to get our daughter out of there because I was unhappy with the situation as it was and this was my opportunity.
So, I had my wife pick up my daugther on the last day before the maternity leave, pay for anytime up until that point that we owed and inform her that we will no longer need her services. Here is where things get odd.
Note:I am going to give this woman the benefit of the doubt and give you the worst case scenario for myself.
My wife says "Today is our daughters last day", pays and leaves after some conversation. We then get an email from her a few hours later:
From: Day Care Lady
To: My Wife
Hi,
I got your phone message and I did call you back, but I am not sure if you were able to hear the message since I was at the awards ceremony. You owed a total of $168.00. You left a check for $24.00 so that leaves you with a balance of $144.00 which is due asap since today was her last day. Here is the breakdown:
$120.00 - Termination fee of 1 weeks tuition since you gave notice on her last day.
+$48.00 - This weeks tuition (Mon and Tue were open, you chose not to drop off on Monday)
=$168.00 - Total
-$24.00 - Check that you left in mailbox
=$144.00 - Balance due
Please make sure to drop off tomorrow evening. Thanks.
We found X's homework folder in the kitchen after you guys left and dropped it off on your door step on the way to the awards.
Day Care Lady
My wife and the lady argue back and forth for a few emails with my wife saying that she thought the day care provider lady understood that this was our two week notice, and that since she was closed for Maternity leave for the next two weeks she told her that it was our daughters last day. Also at this point my wife politely sent her an email saying... fine, there was a misunderstanding here is our two week notice. To which she responded with and email that was fairly nasty toned and said that my wife cannot change her story and that she owes the money immediately.
This resulted in these two emails... the first from my wife and the second from the day care lady:
from: My Wife
to: Day Care Lady
I do not wish for this to get nasty. I am not angry with you nor do I have ill feelings toward you. I understand that we will still have to maintain contact for Brownies.
You have said repeatedly that I agreed to fees, this is not true. What I recall from our conversation is that I told you that it was her last day because you are not scheduled to be open for the next two weeks. This is when you finished my sentence and said yourself that it would be two and a half weeks before you would be open. I was mearly stating the obvious that Tuesday would be her last day because you are not available to provide care during the next two weeks in which her last day falls. I have also made it very clear that if you were scheduled to be open for the next two weeks that I would still need your care.
It is also my understanding that to terminate a contract you must give two weeks written notice, which I have done. You cannot hold me to any verbal agreements when it is very clear that you and I miscommunicated the facts. I have not broken any agreements. I have done as your contract requires. I do not wish to discuss this any further.
I dropped off the remaining amount of this weeks misprinted check this evening.
My Wife
and
from: Day Care Lady
to: My Wife
My contract does not require a written notice to terminate, your verbal termination is enough. I have my contract written specifically this way so that parents are not required to give notice in writing, as many do not, and I do not like loose ends. I, too, have been in this business for a very long time. I have consulted many on my contract to ensure maximum protection. I will have to send your bill to collections. Please look for that in your mail.
Day Care Lady
So, TW. Where do I stand at this point? What should I do? What would you do?
Any legal advice about contracts here? Even if my wife failed to give verbal notice, can't we just say, ok fine we give two weeks notice?
After you guys tell me what's up I will continue the story and tell you what I did.
, but I felt this was almost too funny not to post.Cliffs:
-We terminate contract with daycare provider
-Daycare provider threatens us with collections
***EDIT***
-Story continued on Page 3
So my wife and I both work. We hired a daycare provider who provides service out of her home to pick up our daughter from school in the afternoons until my wife gets off of work. Just so happens this lady is also a Brownie Troop leader and gets my wife to sign my daughter up for Brownies.
We have a signed contract with this lady for her services which states that we will pay her money to provide daily care. The contract also says that we will pay her for "vacation" time... a certain number of days per year were she will be closed, but we will owe her money for those days as if she were open. It also says that her daycare will be closed for two weeks for Maternity Leave, which is not considered Vacation and we DO NOT owe her money for these two weeks. The contract also states that it can be verbally terminated, and that two week notice is required to avoid an early termination fee.
The Daycare provider is very pregnant and the time for her two week maternity leave came up. Now, we obviously needed care for our daughter during these two weeks of maternity leave, so we were forced to find an alternate day care provider. We had also been discussing trying to get our daughter out of there because I was unhappy with the situation as it was and this was my opportunity.
So, I had my wife pick up my daugther on the last day before the maternity leave, pay for anytime up until that point that we owed and inform her that we will no longer need her services. Here is where things get odd.
Note:I am going to give this woman the benefit of the doubt and give you the worst case scenario for myself.
My wife says "Today is our daughters last day", pays and leaves after some conversation. We then get an email from her a few hours later:
From: Day Care Lady
To: My Wife
Hi,
I got your phone message and I did call you back, but I am not sure if you were able to hear the message since I was at the awards ceremony. You owed a total of $168.00. You left a check for $24.00 so that leaves you with a balance of $144.00 which is due asap since today was her last day. Here is the breakdown:
$120.00 - Termination fee of 1 weeks tuition since you gave notice on her last day.
+$48.00 - This weeks tuition (Mon and Tue were open, you chose not to drop off on Monday)
=$168.00 - Total
-$24.00 - Check that you left in mailbox
=$144.00 - Balance due
Please make sure to drop off tomorrow evening. Thanks.
We found X's homework folder in the kitchen after you guys left and dropped it off on your door step on the way to the awards.
Day Care Lady
My wife and the lady argue back and forth for a few emails with my wife saying that she thought the day care provider lady understood that this was our two week notice, and that since she was closed for Maternity leave for the next two weeks she told her that it was our daughters last day. Also at this point my wife politely sent her an email saying... fine, there was a misunderstanding here is our two week notice. To which she responded with and email that was fairly nasty toned and said that my wife cannot change her story and that she owes the money immediately.
This resulted in these two emails... the first from my wife and the second from the day care lady:
from: My Wife
to: Day Care Lady
I do not wish for this to get nasty. I am not angry with you nor do I have ill feelings toward you. I understand that we will still have to maintain contact for Brownies.
You have said repeatedly that I agreed to fees, this is not true. What I recall from our conversation is that I told you that it was her last day because you are not scheduled to be open for the next two weeks. This is when you finished my sentence and said yourself that it would be two and a half weeks before you would be open. I was mearly stating the obvious that Tuesday would be her last day because you are not available to provide care during the next two weeks in which her last day falls. I have also made it very clear that if you were scheduled to be open for the next two weeks that I would still need your care.
It is also my understanding that to terminate a contract you must give two weeks written notice, which I have done. You cannot hold me to any verbal agreements when it is very clear that you and I miscommunicated the facts. I have not broken any agreements. I have done as your contract requires. I do not wish to discuss this any further.
I dropped off the remaining amount of this weeks misprinted check this evening.
My Wife
and
from: Day Care Lady
to: My Wife
My contract does not require a written notice to terminate, your verbal termination is enough. I have my contract written specifically this way so that parents are not required to give notice in writing, as many do not, and I do not like loose ends. I, too, have been in this business for a very long time. I have consulted many on my contract to ensure maximum protection. I will have to send your bill to collections. Please look for that in your mail.
Day Care Lady
So, TW. Where do I stand at this point? What should I do? What would you do?
Any legal advice about contracts here? Even if my wife failed to give verbal notice, can't we just say, ok fine we give two weeks notice?
After you guys tell me what's up I will continue the story and tell you what I did.
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