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Parents and Guardians Forum>Should I get a refund?
parsono10 10:20 AM 09-22-2015
My day care providers' contract that states you can pay weekly or monthly rates for full time (my daughter) and my son in her before/after school program is not contracted (and either party can cancel at any time). Does not specify any cancellation policy for full timers in the contract. I always paid in advance in good faith in weekly increments for convenience (less checks). Last payment was for a five week period. After multiple issues including outsourcing school drop offs and pick ups, high employee turnover, and owner not present for long periods of time leaving business in the hands of young employees, we decided to pull out. Also my step-daughter did contract work for her teaching art classes to kids, and her paycheck bounced. She was told to wait until the next PP and it bounced again. I gave a week notice. Am I not entitled to the two weeks' reimbursement? Provider is refusing to return any funds. Is small claims my only option? I don't think she could pay even if she wanted to but curious if I am in the wrong for asking.
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Blackcat31 10:57 AM 09-22-2015
Originally Posted by parsono10:
My day care providers' contract that states you can pay weekly or monthly rates for full time (my daughter) and my son in her before/after school program is not contracted (and either party can cancel at any time). Does not specify any cancellation policy for full timers in the contract. I always paid in advance in good faith in weekly increments for convenience (less checks). Last payment was for a five week period. After multiple issues including outsourcing school drop offs and pick ups, high employee turnover, and owner not present for long periods of time leaving business in the hands of young employees, we decided to pull out. Also my step-daughter did contract work for her teaching art classes to kids, and her paycheck bounced. She was told to wait until the next PP and it bounced again. I gave a week notice. Am I not entitled to the two weeks' reimbursement? Provider is refusing to return any funds. Is small claims my only option? I don't think she could pay even if she wanted to but curious if I am in the wrong for asking.
Ok, trying to break this down here...

Your step-daughter worked FOR the provider and the paycheck she received from the provider bounced?

That is not at all acceptable. I would be insisting she (the provider) pay immediately and in full or you can contact your state's department of labor.

Also what does your contract say about withdrawals or terminations? Usually it is 2 weeks notice but in a lot of cases, the parent choose not to use the final two weeks but will still need to pay for it. The provider should not bill for the final two weeks IF she is unwilling or unable to provide care.

However, it's all dependent on what your contract states. If it is an at will contract and there is nothing specifying that you have to give notice, then your provider owes you for all the days you paid for and did not use.

Small claims court is an option but if the provider is having financial difficulties and files for bankruptcy or closes her doors, you may not be able to collect on this other than contacting a lawyer and seeking alternate/stronger methods of doing so.
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Blackcat31 10:57 AM 09-22-2015
What state are you in?
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parsono10 11:05 AM 09-22-2015
Appreciate your input thanks for responding. I am in California, and yes step daughters check bounced (twice). Here is the exact verbiage from the contract, again I paid the weekly rate, not the monthly (albeit for five weeks paid in advance for convenience):

On daughters (contracted)

"Weekly rates and monthly rates are meant to cover the long term “holding of a spot” and therefore concessions cannot be made for missed days, schedule changes, sick days or vacations once a spot (or a fraction of a spot) has been held via a contract"

On sons (not contracted)

"When deciding on a commitment level please keep in mind that Drop-In Care, Before and After-School Care (some cases) and Hourly Care all fall under the realm of ad hoc or sporadic care. This type of care can be cancelled/scheduled on a week to week basis (or day to day) by either
party."
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Blackcat31 11:16 AM 09-22-2015
By the sounds of it and according to her contract she is kind of implying that by paying monthly (or weekly) you are reserving that amount of space and attending even one day of that "reserved space" is all it takes for you to owe that amount... I dont know for sure as I dont want to assume what her intentions are/were but it doesnt really sound valid/legal though...

I think you should (in writing) request a full refund of any money paid for days you did not use and let the provider know that if not paid within X amount of days you will pursue other legal action. As the business owner and the one who gives out her contract, i would think she bears the burden of proof that she would not owe you a refund.

As for your step daughters paycheck.. She can request payment in full immediately or she can take the NSF check to your local law enforcement.
In almost all states, it is illegal to issue a bad check. Again, you can request this but if the provider is in bad financial shape you might not see any of it.

I wish I had better advice for you..
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spedmommy4 10:07 PM 09-22-2015
Writing a bad check in California is a crime. In small claims, you may be eligible for damages of up to 3 times the amount of the check. For more information:
https://oag.ca.gov/consumers/general/badchex
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