I very rarely post but I am very upset and this is not about money but first and foremost his safety, and second principal. My ds is turning 1 in the next couple of days, but I just discovered my normally very trusting, once thought wonderful dcp has had my son front facing in the car seat for the past 3 months when she takes him places. He is a larger then average boy (27lbs) but I dont give a crap (as she said in her excuse). Now I am not trying to make this a ff or rf debate after 1, but I am shocked she was doing this. We immedietly quit on Friday but now she wants her 2 week pay notice. Now its not about the money but its about her breaking the law at my sons risk for the past 3 months and now wanting me to pay her several hundred dollars for terminating without notice. I only discovered this because I looked in the van and saw his car seat facing forward and spoke up right away questioning it. She was honest with me and used the excuse about how big he is. I feel like a terrible mom for not seeing this sooner but the van is normally parked in the garage with the door closed. How would you proceed...? Definetly going to the state regarding her license but now that she is upset I can see it becoming a "he said-she said" sort of thing and I didnt even think to grab my camera phone at the time and take a picture. Am I overreacting? Do you think legally I have grounds to not have to pay her for the next two weeks that my son wont be there?
Did you sign a contract? If it states that you have to give notice in a contract, then yes you are obligated. IF you have no contract, then I would think you would not have to.
the law here is 20 lbs and 1 years old. She has had 4 kids of her own and knows the law. Yes we did sign the contract, and I will most likely end up having to pay but it just irks me.
I think you could could refuse to pay on the grounds that she was negligent. Contract or no, she was breaking the law and putting your son's life at risk.
I think you could could refuse to pay on the grounds that she was negligent. Contract or no, she was breaking the law and putting your son's life at risk.
This sounds good to me and turn her in. Like a pp said, it'll probably come down to 'he said, she said', and you'll still have to pay, but maybe the licensing powers in your state will keep a close eye on her for the future.
I think you could could refuse to pay on the grounds that she was negligent. Contract or no, she was breaking the law and putting your son's life at risk.
This. Let her take you to court if she really wants the money. She should be following the law and not putting your child's life at risk. I can't imagine she would get her money if it went to court.
Anna Kate 10.17.2009
Alexander 6.10.2011
Baby Girl 6.2014
I definitely would not pay. First I can't imagine her even bringing you to court and second if she did I can't see her winning since she broke the law.
I definitely would not pay. First I can't imagine her even bringing you to court and second if she did I can't see her winning since she broke the law.
the law here is 20 lbs and 1 years old. She has had 4 kids of her own and knows the law. Yes we did sign the contract, and I will most likely end up having to pay but it just irks me.
Is it 20lbs AND one year, or is it one or the other? Obviously there's a big difference.
I'm not defending your DCP (I'd be upset too), but there would be no legal recourse if was an OR versus an AND.
You have to look @ your provider's policy & procedures to see what their transportation policy is. In many states the DC licensing worker does not do correction orders based on transportation issues, unless it is stated in the State's policy & procedure manual. My is your DCP providing transportion of your child? My does not, as the insuarnce is insane. Honestly I am thinking that if you signed a contract you are going to be stuck paying your final two weeks.
Also, what does your state law specifically say? Is it a state law or isn't is a "law" that can't be enforced unless there is a primary offense to get stopped?
I probably wouldn't pay (on principle). Her only option to make you pay is to take you to small claims court which is probably way too much of a pain in the @ss for her to bother with.
Re: DCP issue, is it w/in my legal grounds to terminate with no notice?
First, I would check the laws in your state. I don't believe it's a law to RF until a year in every state...not that it makes it ok.
Second, I would contact whoever is in charge of licensing DCPs and ask what the protocol for payment is when a DCP breaks the law (if it is a law).
Don't beat yourself up about this. It is not your fault. I cannot believe your DCP would do this.
This sounds good to me and turn her in. Like a pp said, it'll probably come down to 'he said, she said', and you'll still have to pay, but maybe the licensing powers in your state will keep a close eye on her for the future.
This. Let her take you to court if she really wants the money. She should be following the law and not putting your child's life at risk. I can't imagine she would get her money if it went to court.
Is it 20lbs AND one year, or is it one or the other? Obviously there's a big difference.
I'm not defending your DCP (I'd be upset too), but there would be no legal recourse if was an OR versus an AND.
I hope you get it worked out!
You have to look @ your provider's policy & procedures to see what their transportation policy is. In many states the DC licensing worker does not do correction orders based on transportation issues, unless it is stated in the State's policy & procedure manual. My is your DCP providing transportion of your child? My does not, as the insuarnce is insane. Honestly I am thinking that if you signed a contract you are going to be stuck paying your final two weeks.
Also, what does your state law specifically say? Is it a state law or isn't is a "law" that can't be enforced unless there is a primary offense to get stopped?