Question by eillem123: Guy jerks child out of day care – do I owe him a refund?
I own & have operated a day care in my home for over 2 yrs now. I open at 7:30am & have been a few minutes late to open on only 2 occasions. I’ve cared for an emotionally disturbed child since Sept ’07 for a single dad & these late days occurred after that child’s enrollment. All the parents know, including him, to just call me if I’m not in the day care room when they arrive. They know I’m here – I LIVE here! He won’t call for some reason. The phone number & these instructions are posted on the door so he couldn’t just ‘forget’. Yesterday was the 2nd day I was late but he brought the child on in & all seemed to be well. Then, at around 5:30pm, his gf comes & hands me a letter ‘terminating my services’ because of my being no more than 15 minutes late opening up twice. Besides being very abrasive in the letter, a refund of $ 300 which he’d prepaid for this month, plus another $ 50 for his ‘lost wages’ were demanded. I was also threatened with legal action & with being reported
to DSS if I didn’t pay up w/in 24 hours! This guy signed an agreement at enrollment stating that he would give me a 2 week notice “for ANY withdrawals”, plus he habitually brought the child in 15-20 minutes before I was officially open, fully expecting not to be charged! Well, I was a good sport about that, but now that I have actually figured out how much ‘free time’ he got, – well over $ 100 – I plan on charging him. It is posted in plain veiw that the fee for any child left after closing or brought before opening is $ 10 per every 15 minutes. He has also broken the safety rules by opening the door & just shoving his child inside w/out making sure an adult knew he was here! That would make ME liable if anything had happened to the child during that time! So, would you think I have refund the $ 300 or the $ 50?

Best answer:

Answer by Blondie
I would give him a refund for what he pre-paid, but not for his lost wages. That’s his problem.

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Categories: Prepaid Legal Q & A

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