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I am trying to open up a daycare.

Trying to get "proof" that I notified my daughter's daycare why we pulled her, they are refusing to sign?

  • My daughter was enrolled in a state licensed home daycare for about a year. When we enrolled her we signed a contract agreeing to give two weeks notice and pay for those two weeks whether she was in daycare or not. There have been several (smaller) violations of our state’s daycare codes that I know of for sure such as not abiding by diaper change practices, giving her bottles other than her own, and using timeout techniques that were not the common “practice” of the daycare (having a child put their nose to the wall). We also were concerned with child/caregiver ratios, but never saw anything definitive. We started to look into new daycares and were in the process when last week one of the fulltime staff was fired (after she gave notice) and she contacted us to let us know that she had decided to quit and start her own daycare after she was left alone with 17 kids for over 3 hours (huge violation of state regulations). We pulled my daughter immediately and I wrote a letter stating all violations which we were aware of and citing the codes. We gave a copy to the daycare provider Monday. We asked her to sign another copy as receipt of receiving the letter, she wouldn’t. So we went it certified and she refused it. I have the certified mail receipt and a copy and the paper noting she refused it. In the letter we stated we could not give notice and leave our daughter there for two weeks because she had violated guidelines, so we would not be paying as we felt she had breached her service agreement of abiding by the state licensing laws. We are a bit worried she will come after us for the two weeks pay and were trying to document that we informed her why for any court proceeding that might come up. If she is refusing to sign for a letter and wouldn’t sign a receipt (if we have the paperwork showing that) is that enough to prove that we made a good faith effort? I know she got the letter because I gave it to her and stood there and watched her read it, but I know that doesn’t hold up in court if I just say that. Are there any other steps I can take? We have paid for all the services we received up until when we pulled our daughter, we just can't afford to get stuck with paying double daycare fees, especially since we had to pay for last minute care on Monday.

  • Answer:

    If you sent it certified and she refused it then I would say you have done what could be expected of you. As far as her coming after you it seems like the last thing she would want it to bring attention to her self and her sub-standard operating practices.

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In the future, cross out any contract terms you do not like. There is no reason to pay people to NOT watch your kid. I have found that crazy people tend to go into the day care business. In the future, take the contract home to study it, and then fix it yourself, and bring the fixed contrract in the next day. They will likely accept it if it looks OK to them. Another trick, sign the contract "Decline" Or, find a less crazy day care or stay home

Me

I think your first clue should have been "she got fired" I think you screwed up there listening to a disgruntled employee yap yap yap yap yap. You cannot take the word of someone like this and you have NO EVIDENCE OF ANY WRONG DOING. BY FLIPPING OUT. and ignoring the contract you have shot yourself in the foot. Even WORSE you are acltively harrassing her about the two weeks YOU OWE. and she hasnt even sued you YET. and just for starters no one has to exvept certified mail its not illegal I refuse it many times especially when some nutcase who hasnt been sued harrasses me first with unproven allegations because she is trying to save a few bucks. LOL get a grip lady. you are way across the line now. stop making excuses and pay what you owe.forget about using an ex employee who was fired and any of the other lies she told. And get on with your life. taking the word of an ex employee WHO WAS FIRED as gospel with absolutely no evidence (except your spinning inner mind) is truely pathetic. best of luck your going to need it

roger

Just tell them if they think they can win in court they will incurr even more costs because they will lose.

Reporting

Don't worry about it. You have enough to defend yourself if she tries to collect.

jaker

You know something, if I were that daycare provider, I wouldn't have had a big problem with you taking your daughter out until you decided to pull that stupid letter you wanted them to sign that pretty much says, "I'm a troublemaker. I am the center of the universe. You are less than whale dung, so sign this so I can prove it." Now? After that crap, I'd be going after you for every jot and tittle you didn't do either. I'd try to charge you for every wipey I had to use because of the center-of-the-universes, poor child is stuck with you as a mother. Start treating other people like human beings, and you might not to bring your lawyer-for-hire with you to put some mail in a mailbox. YOU'RE the problem, not them. Do you have a lick of common sense? "Oh, here. I put down every single dinky excuse I could come up with for how you aren't acting to the letter of the law, so sign it, okay?" I really feel sorry for your child.

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