Parents accuse day care centers of issuing threats: Pay up or else

[Anonymous]

There is going to be a major daycare crisis once our country starts reopening. Even if a center remains open they will not be able to admit as many children. I think that it will be much more difficult to find a spot for your child and if I am a business person I will give priority to those who continued to pay. I don’t think paying full price is fair but paying something to retain your place it’s fine.

[Anonymous]

Anonymous wrote:

Anonymous wrote:How is letting parents know that they'll lose their spot if they decline to pay tuition an unlawful threat? If a daycare center is doing the right thing by continuing to pay their staff while having to close, and on top of that they are releasing any parents who want to leave from their contractual obligation to continue paying, are you going to punish them for offering the spots to waitlisted families who are willing to pitch in? Sounds like entitled millennial parents who want to have their cake and eat it too.

This is crazy. There is no contractual obligation for a parent to continue to pay if a daycare is not delivering the service within the contract. Its absolutely unethical to say, "Pay us for daycare we are not providing you or we'll give your spot away to someone who is willing to pay for nothing to hold their spot". And I'm coming from the opinion of a Gen Xer not a Millennial. It's wonderful that parents want to continue to support their daycares through "donations" (because that's really what monthly payments are right now, when it comes down to it) and we are, because we can afford to do it right now. But I'm absolutely livid at the thought of daycares giving away peoples spots when they can't afford to pay due to changes in employment during COVID 19. So those with the most money get to claim the spots because they are willing to pay?? I guess that's DC for you!

Most of this is true. But it isn't the family's daycare spot - it's is a spot in a daycare facility, and the facility is free to terminate a relationship with any parent pursuant to the terms of their contract.

[Anonymous]

Do you think the provisions of contracts (our states that we have to give a two month notice and forego our security deposit if we leave prior to the end of the year (which is August)) are enforceable? There are no provisions that state you have to pay if there is no service or anything like that?

[Anonymous]

Anonymous wrote:Do you think the provisions of contracts (our states that we have to give a two month notice and forego our security deposit if we leave prior to the end of the year (which is August)) are enforceable? There are no provisions that state you have to pay if there is no service or anything like that?

I’d say it is ambiguous and the bird in hand is critically important. If you have already paid, you would have to sue them for a refund. If you haven’t paid, they would have to sue you to force a payment.

Neither is likely to happen.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Do you think the provisions of contracts (our states that we have to give a two month notice and forego our security deposit if we leave prior to the end of the year (which is August)) are enforceable? There are no provisions that state you have to pay if there is no service or anything like that?

I’d say it is ambiguous and the bird in hand is critically important. If you have already paid, you would have to sue them for a refund. If you haven’t paid, they would have to sue you to force a payment.

Neither is likely to happen.

Yea we pay on a monthly basis. I guess I would have to sue them to get the deposit back.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Do you think the provisions of contracts (our states that we have to give a two month notice and forego our security deposit if we leave prior to the end of the year (which is August)) are enforceable? There are no provisions that state you have to pay if there is no service or anything like that?

I’d say it is ambiguous and the bird in hand is critically important. If you have already paid, you would have to sue them for a refund. If you haven’t paid, they would have to sue you to force a payment.

Neither is likely to happen.

Yea we pay on a monthly basis. I guess I would have to sue them to get the deposit back.

No judge would rule in your favor here. I mean really, suing your preschool regarding tuition during a pandemic? C’mon. Also, if your school at least tried to provide a distance learning program, they are trying to meet needs of parents. You know the judge throws your case out the door and probably admonishes you in the process.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Do you think the provisions of contracts (our states that we have to give a two month notice and forego our security deposit if we leave prior to the end of the year (which is August)) are enforceable? There are no provisions that state you have to pay if there is no service or anything like that?

I’d say it is ambiguous and the bird in hand is critically important. If you have already paid, you would have to sue them for a refund. If you haven’t paid, they would have to sue you to force a payment.

Neither is likely to happen.

Yea we pay on a monthly basis. I guess I would have to sue them to get the deposit back.

No judge would rule in your favor here. I mean really, suing your preschool regarding tuition during a pandemic? C’mon. Also, if your school at least tried to provide a distance learning program, they are trying to meet needs of parents. You know the judge throws your case out the door and probably admonishes you in the process.

Always good to take legal advice from non-lawyers on DCUM.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Do you think the provisions of contracts (our states that we have to give a two month notice and forego our security deposit if we leave prior to the end of the year (which is August)) are enforceable? There are no provisions that state you have to pay if there is no service or anything like that?

I’d say it is ambiguous and the bird in hand is critically important. If you have already paid, you would have to sue them for a refund. If you haven’t paid, they would have to sue you to force a payment.

Neither is likely to happen.

Yea we pay on a monthly basis. I guess I would have to sue them to get the deposit back.

No judge would rule in your favor here. I mean really, suing your preschool regarding tuition during a pandemic? C’mon. Also, if your school at least tried to provide a distance learning program, they are trying to meet needs of parents. You know the judge throws your case out the door and probably admonishes you in the process.

Always good to take legal advice from non-lawyers on DCUM.

Who said I wasn’t a lawyer? I know that a judge would throw this out due to my years of experience. if you are hanging your hat on a force majeure case, you are truly misinformed. You’re wasting your time with thoughts like this. I can infer that you are a lawyer. If so, you should know better. Also, it’s just a sleaze bag move to sue your preschool who had been taking care of your kids when they are trying their best to keep themselves viable. What are you losing one week or one month of tuition? If you need money that bad you must be a terrible lawyer and hence you make my case for me.

[Anonymous]

We paid tuition at our daycare through May. We are clear that even if they re-open we are not comfortable sending DD back into a center so we sent notice and withdrew. We are happy teachers received full pay for 2.5 months when we did not receive full service. Zoom and videos for a 6 month old is a valiant effort but not “childcare” in any sense of the word for an infant.

[Anonymous]

Anonymous wrote:We paid tuition at our daycare through May. We are clear that even if they re-open we are not comfortable sending DD back into a center so we sent notice and withdrew. We are happy teachers received full pay for 2.5 months when we did not receive full service. Zoom and videos for a 6 month old is a valiant effort but not “childcare” in any sense of the word for an infant.

What will you do if and when we reach a sense of normalcy? I don’t feel comfortable sending my 2.5 year old back, but I can’t imagine we’ll keep him home for a year until he starts pk3. And we’re required to pay full tuition. I just don’t know what we should do...

[Anonymous]

Our center is opening June 1. Pay or lose your spot, whether you’re ready to send your kid back or not.

[Anonymous]

Anonymous wrote:Our center is opening June 1. Pay or lose your spot, whether you’re ready to send your kid back or not.

If they are opening, that’s fair. I have a greater issue demanding payment when it is closed.

[Anonymous]

Anonymous wrote:We paid tuition at our daycare through May. We are clear that even if they re-open we are not comfortable sending DD back into a center so we sent notice and withdrew. We are happy teachers received full pay for 2.5 months when we did not receive full service. Zoom and videos for a 6 month old is a valiant effort but not “childcare” in any sense of the word for an infant.

You forget to mention that I am sure your tuition was discounted during that time, correct? Or were you very generous and paid in full?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Do you think the provisions of contracts (our states that we have to give a two month notice and forego our security deposit if we leave prior to the end of the year (which is August)) are enforceable? There are no provisions that state you have to pay if there is no service or anything like that?

I’d say it is ambiguous and the bird in hand is critically important. If you have already paid, you would have to sue them for a refund. If you haven’t paid, they would have to sue you to force a payment.

Neither is likely to happen.

Yea we pay on a monthly basis. I guess I would have to sue them to get the deposit back.

No judge would rule in your favor here. I mean really, suing your preschool regarding tuition during a pandemic? C’mon. Also, if your school at least tried to provide a distance learning program, they are trying to meet needs of parents. You know the judge throws your case out the door and probably admonishes you in the process.

Always good to take legal advice from non-lawyers on DCUM.

Who said I wasn’t a lawyer? I know that a judge would throw this out due to my years of experience. if you are hanging your hat on a force majeure case, you are truly misinformed. You’re wasting your time with thoughts like this. I can infer that you are a lawyer. If so, you should know better. Also, it’s just a sleaze bag move to sue your preschool who had been taking care of your kids when they are trying their best to keep themselves viable. What are you losing one week or one month of tuition? If you need money that bad you must be a terrible lawyer and hence you make my case for me.

Was your law school online?

[Anonymous]

Anonymous wrote:We paid tuition at our daycare through May. We are clear that even if they re-open we are not comfortable sending DD back into a center so we sent notice and withdrew. We are happy teachers received full pay for 2.5 months when we did not receive full service. Zoom and videos for a 6 month old is a valiant effort but not “childcare” in any sense of the word for an infant.

I’m on the opposite end of that. Parents aren’t paying, but we are doing zoom 5 days a week, facetiming students, running a website with activities and videos of us reading, organizing virtual field trip links and discussion groups, etc. I’m grateful we are getting paid (ppp loan) but when you consider that parents are getting all of our work for free...