I'm Paying for the Daycare's Mistake

[coxjoyc]

Ohio

During the week of April 26, 2010, I submitted my application for my son’s summer camp enrollment to the assistant administrator at a daycare facility. She then acknowledged the “start date” on my application as May 17, 2010, and confirmed that it was okay for my son to begin summer camp on that date. The morning he was supposed to be attending the program, I called the daycare facility prior to leaving my home to ask a question; at that time, a teacher informed me that they do not have any space for my child, and would not have anyone available to watch my son until June 1, 2010. I work full time Monday-Friday, so this put me in a difficult situation, being that I was scheduled to attend work that day. I was not able to attend work, and lost one day's worth of pay for that day. I explained the situation to the director of the daycare, and asked if, due to my inconvenience, my son would be able to attend the program beginning June 1, with the first week of tuition being at no charge (normally $155). She was unsympathetic of the situation, was very rude, and declined to accommodate me for the difficult situation they put me in. That day, I had to desperately search for a daycare in the area that I could afford who would be available to watch my son prior to June 1. Fortunately, I was able to make childcare arrangements for the remainder of the week, and find a daycare that could watch my son thereafter, but I am still left without pay for May 17. Is there anything I can do about this legally? If I must miss work to attend any court dates pertaining to this, would I be able to ask for reimbursement for that also? On top of asking for reimbursement for my missed day of work, could I ask for financial accommodation for the inconvenience?

 

[sandyclaus]

Ohio

During the week of April 26, 2010, I submitted my application for my son’s summer camp enrollment to the assistant administrator at a daycare facility. She then acknowledged the “start date” on my application as May 17, 2010, and confirmed that it was okay for my son to begin summer camp on that date. The morning he was supposed to be attending the program, I called the daycare facility prior to leaving my home to ask a question; at that time, a teacher informed me that they do not have any space for my child, and would not have anyone available to watch my son until June 1, 2010. I work full time Monday-Friday, so this put me in a difficult situation, being that I was scheduled to attend work that day. I was not able to attend work, and lost one day's worth of pay for that day. I explained the situation to the director of the daycare, and asked if, due to my inconvenience, my son would be able to attend the program beginning June 1, with the first week of tuition being at no charge (normally $155). She was unsympathetic of the situation, was very rude, and declined to accommodate me for the difficult situation they put me in. That day, I had to desperately search for a daycare in the area that I could afford who would be available to watch my son prior to June 1. Fortunately, I was able to make childcare arrangements for the remainder of the week, and find a daycare that could watch my son thereafter, but I am still left without pay for May 17. Is there anything I can do about this legally? If I must miss work to attend any court dates pertaining to this, would I be able to ask for reimbursement for that also? On top of asking for reimbursement for my missed day of work, could I ask for financial accommodation for the inconvenience?

Its highly unlikely that the daycare administration or staff would freely admit their responsibility in this situation. They are probably going to deflect blame by saying that you misheard or misunderstood the information you were provided.

That being said, were you given anything in writing to confirm the quoted start date? If not, you can bet that the asst administrator will deny giving you the May 17th start date. If you were told verbally only, and given nothing in writing, it would be very hard to prove otherwise.

IF you can prove it... Then the missed day of work would be a direct consequence of the daycare's failure to provide services as agreed. Your inconvenience, while inconvenient, is not an actionable damage that you could/would be able to recover, unless specifically identified in the daycare contract you signed. You're entitled to be made whole, not come out ahead of where you would have been had the incident not occurred.

And since missing work in order to attend a court hearing that you chose to initiate is considered a foreseeable consequence, you also would NOT be able to seek reimbursement for that either. Think about night court if your local court system offers it, of factor that into your budget when deciding whether or not to sue.

 

[commentator]

When you submitted your application, did you pay an enrollment fee?

 

[coxjoyc]

Re:

The enrollment application I submitted had a May 17 start date. However, I do not have a copy of the application that I submitted. I wrote a letter explaining the whole issue to the director of the daycare, and he responded back apologizing about the issue. Is that enough evidence?

I did not pay an enrollment fee because I submitted it early in order to avoid the enrollment fee, which was a special they were running.

 

[Antigone*]

The enrollment application I submitted had a May 17 start date. However, I do not have a copy of the application that I submitted. I wrote a letter explaining the whole issue to the director of the daycare, and he responded back apologizing about the issue. Is that enough evidence?

I did not pay an enrollment fee because I submitted it early in order to avoid the enrollment fee, which was a special they were running.

You applied, but how can you verify that your child was accepted if you don't have a contract, or a copy of the accepted application indicating acceptance.

The director's apology can be seen as empathy, it doesn't mean anything more.