Can I be penalized for not giving 4 weeks notice when I only had 2 weeks?

[lyn2004]

I enrolled my daughter in a daycare on 9/14/2012, scheduling her to start on 10/1/2012. At that time I paid a $150 registration fee. On 9/21/2012, I canceled her enrollment because I found a suitable daycare closer to home. The daycare has a policy (which I signed) stating they require 4 weeks of notice to cancel a child's enrollment. The penalty being 4 weeks tuition if not followed. I've been told my penalty is $705, the total of 3 weeks tuition, since I only gave one week of notice. Is it possible for me to be held legally responsible for not giving 4 weeks of notice when my daughter had only been signed up for 2 weeks?

The day care says the penalty is meant to recognize the fact that they incur expenses when preparing for a new child and suffer a loss when they leave without adequate notice. I'm nearly 100% sure they didn't spend $705 preparing for her during that one week. And what loss could they ahve suffered if my daughter had not begun attending yet?

Thanks for your help!

 

[jiggy78]

So basically you are asking if you can be held responsible for a charge you agreed to pay.

The answer is yes.

 

[xylene]

I enrolled my daughter in a daycare on 9/14/2012, scheduling her to start on 10/1/2012. At that time I paid a $150 registration fee. On 9/21/2012, I canceled her enrollment because I found a suitable daycare closer to home. The daycare has a policy (which I signed) stating they require 4 weeks of notice to cancel a child's enrollment. The penalty being 4 weeks tuition if not followed. I've been told my penalty is $705, the total of 3 weeks tuition, since I only gave one week of notice. Is it possible for me to be held legally responsible for not giving 4 weeks of notice when my daughter had only been signed up for 2 weeks?

The day care says the penalty is meant to recognize the fact that they incur expenses when preparing for a new child and suffer a loss when they leave without adequate notice. I'm nearly 100% sure they didn't spend $705 preparing for her during that one week. And what loss could they ahve suffered if my daughter had not begun attending yet?

Thanks for your help!

So basically your logic is that because you were only in the program a short while you don't owe them any money under the cancellation policy.

That is incorrect.

 

[Zigner]

I enrolled my daughter in a daycare on 9/14/2012, scheduling her to start on 10/1/2012. At that time I paid a $150 registration fee. On 9/21/2012, I canceled her enrollment because I found a suitable daycare closer to home. The daycare has a policy (which I signed) stating they require 4 weeks of notice to cancel a child's enrollment. The penalty being 4 weeks tuition if not followed. I've been told my penalty is $705, the total of 3 weeks tuition, since I only gave one week of notice. Is it possible for me to be held legally responsible for not giving 4 weeks of notice when my daughter had only been signed up for 2 weeks?

The day care says the penalty is meant to recognize the fact that they incur expenses when preparing for a new child and suffer a loss when they leave without adequate notice. I'm nearly 100% sure they didn't spend $705 preparing for her during that one week. And what loss could they ahve suffered if my daughter had not begun attending yet?

Thanks for your help!

You agreed to a liquidated damages clause. That means that the amount of money you agreed to pay is not dependent on what their "losses" may be.

If you don't agree with something in a contract, don't sign the contract. It's really that simple.

 

[OHRoadwarrior]

It is not their fault you chose to move the child 3 weeks earlier than your notice period.

 

[Antigone*]

I enrolled my daughter in a daycare on 9/14/2012, scheduling her to start on 10/1/2012. At that time I paid a $150 registration fee. On 9/21/2012, I canceled her enrollment because I found a suitable daycare closer to home. The daycare has a policy (which I signed) stating they require 4 weeks of notice to cancel a child's enrollment. The penalty being 4 weeks tuition if not followed. I've been told my penalty is $705, the total of 3 weeks tuition, since I only gave one week of notice. Is it possible for me to be held legally responsible for not giving 4 weeks of notice when my daughter had only been signed up for 2 weeks?

The day care says the penalty is meant to recognize the fact that they incur expenses when preparing for a new child and suffer a loss when they leave without adequate notice. I'm nearly 100% sure they didn't spend $705 preparing for her during that one week. And what loss could they ahve suffered if my daughter had not begun attending yet?

Thanks for your help!

Why on earth would you sign a contract you with not intention to perform?

 

[lyn2004]

Boy....you guys are harsh.

Antigone - I fully intended to preform when I signed her up on 9/14/2012. Just so happens, I found a better daycare that was cheaper and closer to home one week after I signed up with this one (One week before she was scheduled to start).

Xylene - "So basically your logic is that because you were only in the program a short while you don't owe them any money under the cancellation policy." No, that's not my logic. My logic is that it was impossible for me to give 4 weeks notice before my child started the school. I didn't (and still don't) understand how I can be charged for not doing something that couldn't have possibly been done. If I had known, or if the day care director told me they'd request 4 weeks payment when I called to cancel, I'd have just let my daughter start when she was scheduled to start - on 10/1/2012. Then we would at least be receiving a service for the tuition we had to spend. She could have been in daycare for the 3 weeks we had to pay.

Again, thanks for your help. What do you think the daycares next step will be? Is this something they can bill me for, or send to collections? Or would they have to sue me?

 

[jiggy78]

In order to not double pay for a week you could have given notice when you did, used their services for whatever weeks you would be paying for anyway, and delayed enrollment at the new day care. It's not their fault you didn't plan for this, and it doesn't relieve you of the obligation to pay the fee which you agreed to pay. Any claim you make of not understanding how the fee works or thinking you wouldn't be charged since you didn't actually start yet are equally flaccid.

If you don’t pay then can pursue any collection effort they choose including selling the debt to a collection agency or suing you. It may damage your credit. You will save yourself a lot of grief by just paying it now. You know...... the thing you agreed to do.

 

[OHRoadwarrior]

First they bill, second they send to collections, third they sue.

 

[Silverplum]

Boy....you guys are harsh.

Antigone - I fully intended to preform when I signed her up on 9/14/2012. Just so happens, I found a better daycare that was cheaper and closer to home one week after I signed up with this one (One week before she was scheduled to start).

Xylene - "So basically your logic is that because you were only in the program a short while you don't owe them any money under the cancellation policy." No, that's not my logic. My logic is that it was impossible for me to give 4 weeks notice before my child started the school. I didn't (and still don't) understand how I can be charged for not doing something that couldn't have possibly been done. If I had known, or if the day care director told me they'd request 4 weeks payment when I called to cancel, I'd have just let my daughter start when she was scheduled to start - on 10/1/2012. Then we would at least be receiving a service for the tuition we had to spend. She could have been in daycare for the 3 weeks we had to pay.

You signed a contract. The director is not responsible for reminding you of the terms. That's on you.

Again, thanks for your help. What do you think the daycares next step will be? Is this something they can bill me for, or send to collections? Or would they have to sue me?

Bill you. Then collections. Then sue.

 

[lyn2004]

In order to not double pay for a week you could have given notice when you did, used their services for whatever weeks you would be paying for anyway, and delayed enrollment at the new day care. It's not their fault you didn't plan for this, and it doesn't relieve you of the obligation to pay the fee which you agreed to pay. Any claim you make of not understanding how the fee works or thinking you wouldn't be charged since you didn't actually start yet are equally flaccid.

If you don�t pay then can pursue any collection effort they choose including selling the debt to a collection agency or suing you. It may damage your credit. You will save yourself a lot of grief by just paying it now. You know...... the thing you agreed to do.

Jiggy, I stated in my previous post that sending her to the school for 3 weeks would have been the best option at the time. I would have gladly done that. But, at the time I didn't know the day care provider was going to request any additional payment. When I canceled over the phone, the director made me feel like everything was fine. And clearly I didn't have a proper understanding of the cancellation policy. Oh, well.

Also, I wonder why you assume that I'd be saving myself any grief by paying $705. I'm already out of the $150 registration fee and I'm paing day care tuition for the new school. I'm also expecting a new baby in Feb, so I'm trying to save for the time I'll be off work. Its not like I have a limitless supply of money. Back story - my daughter was previously enrolled in another preschool that decided after her first month there, that she hadn't adjusted yet, and needed a "break" from school. So, I was forced to find suitable child care for her in a small very amount of time. (They told me on a Tuesday that she couldn't come back). I know none of you care about my personal life, but I just thought I'd fill you in. And FYI...I'm not a legal professional, law is not a hobby of mines...that's why I'm here. If I knew all this stuff I wouldn't be asking you. Thanks

 

[Silverplum]

Jiggy, I stated in my previous post that sending her to the school for 3 weeks would have been the best option at the time. I would have gladly done that. But, at the time I didn't know the day care provider was going to request any additional payment. When I canceled over the phone, the director made me feel like everything was fine. And clearly I didn't have a proper understanding of the cancellation policy. Oh, well.

Also, I wonder why you assume that I'd be saving myself any grief by paying $705. I'm already out of the $150 registration fee and I'm paing day care tuition for the new school. I'm also expecting a new baby in Feb, so I'm trying to save for the time I'll be off work. Its not like I have a limitless supply of money. Back story - my daughter was previously enrolled in another preschool that decided after her first month there, that she hadn't adjusted yet, and needed a "break" from school. So, I was forced to find suitable child care for her in a small very amount of time. (They told me on a Tuesday that she couldn't come back). I know none of you care about my personal life, but I just thought I'd fill you in. And FYI...I'm not a legal professional, law is not a hobby of mines...that's why I'm here. If I knew all this stuff I wouldn't be asking you. Thanks

Alrighty then.

 

[tranquility]

While I generally agree with the other posters, the LEGAL issue has to do with the damages clause. Is it one of liquidated damages or penalty? Penalties are disfavored in the law.

OP Is The difference between what the damages are and what they want worth the cost of a lawsuit?