Tuesday, June 21, 2011

We Might Be Getting Sued!!!!!!!

This is a long story.  When I was waiting for my background check with my old employer, I told my daycare lady that I was giving my 30 day notice.  That Friday I gave my notice at work and was terminated immediately.  I didn't tell my daycare lady that day because I was upset and had a very bad day.  Y didn't like it that I didn't tell her Lil Punk wouldn't be coming back to her daycare but I had already given her my notice.  I texted her on Monday to tell her that I was done at work and Lil Punk wouldn't be actually be at her daycare anymore.  She texted me back and was rather mean about it.  I asked for her address and mailed her a check for one week. 

That left one week to pay for because the deposit went for the last week.  Last week she texted me and was very mean.  She thanked me for my check for the previous week and told me that I needed to pay for that week.  She texted me at 10:45 pm.  I texted back the next morning and asked her if she thought it was professional to text me at 10:45 pm.  She texted back that she was going to take me to court for the remaining week's pay and she was sorry that she had taken so long.  I mailed her a check that day for $80 which was the regular rate of $120 minus $40 because she had lost an Adidas outfit of Lil Punk. 

When she received the mail on Friday, she started firing off texts to me about how I'm a professional woman but I'm making rules for her daycare.  She mentioned a couple times how I'm a professional.  I'm not sure what she meant by that.  She did lose her Adidas outfit and I asked her about it several times.  She could never give me a straight answer.  She said various things like she needed to check by the washing machine and other random excuses.  She again threatened to take me to court for the $120.  Now I had already given her $80 so she was upset over $40. 

At this point, I involved Y with this entire drama because her texts were so mean that I couldn't/didn't want to handle the matter anymore.  I dug out my original contract and analyzed it.  I saw in the contract that she is only able to raise the rate by $5 on the anniversary date of the contract.  I signed the contract in June 2009 and the first week that Lil Punk was at daycare, the first week of September, she raised the rate from $110 per week to $115 per week.  According to my interpretation, she charged us too much from September 2009 to June 2010.  She raised the rate for me again in September 2010.  According to her contract, she shouldn't have been able to raise the rate until June 2011.  That makes for about $400 that she charged us too much for. 

Y texted her today and pointed this out.  She again kept threatening us with going to court.  She texted, "So you really think that a judge would award you $5 per week?"  Apparently her contract only applies to the things that she wants it to and not to the items that benefit her clients.  She texted, "Ok, I'm not going to go further with this."  That may be an ending but I don't really know.  She is psycho and it makes me sad that I left my daughter in her custody and care for almost 2 years.  She mailed the $80 check back to us today. 

I have no idea if she is going to go to court but if she does, we will countersue for the amount that she overcharged us according to her contract.  I just wish this was done.  By the way, texting is not my preferred method of communication but its the only way that she will communicate.  She doesn't answer her phone.  Sometimes when Lil Punk would be in her care, I had to call 5 times in a row to get an answer. 

Any advice?  I know that any advice given will not be legal advice and will just be common sense.

6 comments:

  1. No advice on the legal aspects of it but OMG! to leave your child in the hands of someone like that just scared every hair of my body. I have 3 kids and can not imagine ever!! letting anyone like that watching them. She should be reported I would not want someone like that running a business that involves children. Just make sure you save all those texts

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  2. She is a hot head. First of all no lawyer would take the case as no judge would deem it worthy of court time. She is just a woman with major money issues and you went potty in her oatmeal. She will have a hard time replacing your income and an even harder time ow that you know her true colors.

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  3. Can't give any advice. It sucks is what I can say and I do hope it is over. It would be better if it
    is just over and done with. At least Lil Punk won't be there anymore.

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  4. Hi - I'm new here, but I just wanted to say.. don't worry about being sued. An attorney would most likely turn her away for such small figures, and if they didn't the cost would so outweigh the benefit. Also, my guess is the check was returned after Y explained here increased fees were not in line with the contract. She is back-tracking to save her own self.

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  5. I would not communicate with her anymore at all. If she does try to contact you again, tell her to sue you, she will be laughed right out of court and in fact it will cost her way more than $40 to do that. I agree with @the Borrower she knows she is in the wrong now and that is why she sent the check back to you.

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  6. oh my goodness!!!! I am so glad that you are done with her too!!!!

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