Hey guys I have a bit of a babysitter problem ok here goes,
The friday before last I paid her 125.00 for the week and she loses the check then she calls me the next day and asks me to issue her a new check so I said lets give it a week and see if it pops up and it didn't so I tell her that I am going to wright her a new check for 222.00 this week and last week minus the check cancelation fee of 28.00 and then she starts to get hostal telling me that I need to call my bank and tell them that they shouldn't charge me and all this and I tell her that they have policey's just like she dose and that won't work so I bring her a check for 222.00 the next day and she looks at me and says "Ok You want to play like this huh? FINE. You had better never be one miniute after 5:30 or I am going to charge you 5.00 per minute every minuite you are late. so I just left. So now I found a diffrent daycare provider and since I didn't feel comfortable leaving my daughter there now I think that she might try to sue me for not giving her 2 Weeks notice what do you guys think?

 

Did you have a contract of any sort?

 

Maybe you should bring up that she isn't licensed or paying taxes on that money.
But if she is hostile for God's sake don't leave your girl with her.

 

Did you sign an agreement stating you'd give 2 weeks notice? If so, I think you may be in for trouble (provided she wants to pursue it). If she's just a one-person day-care mom and pop type of operation then she probably doesn't have legal counsel at her disposal. If that's the case, I can't imagine it would be worth her while to sue you over two weeks worth of sitting pay.
I'm sure there are others on here with more experience with the law than I. I have experience with day-care, though. The ones I've dealt with are so busy making sure nobody gets a bloody nose or gives someone else a cold (etc.) they could easily lose a check. [ not that that helps]

 

She sounds a little flaky. Suppose you had paid her in cash and she lost that - would she expect you to reimburse that loss? You are being the nice guy by offering to replace the check. The cancellation fee charge is proper and should be passed along to her. Why should you eat the cost of someone else's incompetence? If she continues to give you grief, remind her, as Grandpa suggested, that the IRS takes a dim view of tax skoflaws.

 

Yes I did sign a contract but I just can't bring myself to leave my little one there with her Today is her last day there and I am thinking over 250.00 any juge would see where I am coming from and rule on my behalf because it is not like I am just yanking her out for no reason I an actully going to be paying a little more for this new daycare lady and they are both licenced with the state so I think that I will issue a complaint what do you think.

 

If I was happy with her work, I would have called the bank and stopped payment and wrote her another check. She's happy and your happy, but since that didn't happen, and she accepted the second check, threatening only to charge extra when your late (which is a common practice), your likely screwed if she pushes it. She can most likely take you to small claims court and win, with the signed contract. Does the contract say anything about charges for being late?

 

or pulling your daughter without notice? although that should be easy to beat, due to her attitude when you gave her the check.

 

If you ask me, she sounds petty and vindictive. I dont know that I would want my child in an environment like that. If she is that upset about $28.00 How upset must she get if a little one spills strained peas on a $50 rug?

I think you were in the right passing the fee along to her. If I lost my paycheck, I would have to pay the fee to have it reissued. Its only fair she does the same. IF she had been civil about it and asked nicely, i migh consider waiving the fee or splitting it with her, in a show of good faith, but she crossed that line.

It's a shame you have to move your child to another caregiver, but I think its for the best.

BD

 

If I was happy with her services, I would have just eaten the 28$, actually I would have just written another check and told her to return the first if it ever turned up. If its that big of a worry, I would have told the bankto do it for free, seeing as they wouldnt want to lose a good customer. I think you both overreacted, but a childcare person is someone you wasnt to have a good relationship with so maybe its for the better.

 

Pay in CASH.
(get a signed receipt)

Frankly it sounds like Cingular, and they go for the JUGULAR

 

I don't think so. in fact, if you get right down to it, there's a reason you put a stop on a "lost" check. if they made a clerical error, the money still comes out of your account. you wind up paying double and have no recourse for compensation. also, the bank won't do it for free. they have time invested to make sure the check hasn't been cleared already, to prevent fraud. now, in the computer age it's not as difficult to research but the fee is still there. if the check was truly lost or stolen, then it's doubly important to make sure it can't be cashed, to protect BOTH parties. I just can't beleive that she would act this way. she MUST have had dealings with banks in the past and must know that even though it's your money, you still pay to have them watch it for you.

 

Cash makes no enemies - make lots of friends!

(But get a reciept)

 

I agree greywolf. myself I use cash regularly. rarely use a check or credit card at all. best way to do it IMO.

 

If she's a contract worker. I don't think she has any rights to a two week notice.

And now that Pandora's Box is open, get another daycare worker.

JMO