Expert: Michelle Dunn - 2/23/2011

Question
Hello:
My infant attended a daycare center where we encountered a behavioral issue with her head teacher.  They immediately labeled this as a "personality conflict", when in fact, it was behavior that was the issue.  These are two very different things.
I was confronted with an aggressive response to a simple inquiry about my child's care.  As the teacher continued to become increasingly upset, visibly frantic, and verbally aggressive toward me, I told her she was being inappropriate several times, and requested that we leave the room to speak.  I attempted to explain that an inquiry about my child's care does not equate to questioning her credentials.  We talked and as far as I could tell she understood what I had explained.  She apologized for previously coming across as unapproachable.  I apologized for not coming to her sooner with my discomfort, as she explained that was what had her so upset.  (Side note:  second-in-charge to management walked by as we were having our conversation.)  As I packed up my child, the teacher began to read me excerpts from her resume.  Clearly, she did not understand what I had expressed, as she was still trying to convince me of her training and expertise, which was not the issue.  
From that moment, my trust was broken with the teacher.  Any attempt to resolve was moot.  The aggressive behavior happened in front of me, to me, and while she was holding a baby, so what could be happening when I was not around?  I tried to accept her apology and move forward, but I soon realized that my trust was also broken by the facility.  The second-in-charge that walked by never stuck around to see how things turned out.  No one ever called me to follow up.  "Luckily" my child was sick the next day and stayed home with me.  The following day, I brought her back to their care out of necessity, as my fiance and I had to go to work, but I immediately went looking for new daycare.  When I picked her up, this was the first moment I had to speak with management.  I went to the management office and told them how surprised I was that I had not heard from them.  They continued to tell me "personality conflict" seemed to be the issue and that the teacher has a "strong personality."  Behavior was the first issue.  Now, failure to manage employees became an additional issue with the facility.  The day after, baby stayed home with my fiance.  I received a call from the daycare offering her a spot in a different room, same facility, and I declined.  In my mind, you don't get a second chance with an infant.  We secured her spot in a new daycare and went running, not walking, away from this facility.  They want two weeks notice, and tuition, and are threatening collections.  I signed that I understood their policies and procedures, but doesn't that assume we are leaving under favorable terms?  And, it is my signing as understanding, but it is not a contract signed by two parties.  It was their employee that caused my discomfort, and forced a customer out the door.  We paid for every week of care that she attended this daycare for, but cannot make sense of paying for time she is not there, while I'm the one that was inconvenienced.  Further, I find them in breech of contract, as all daycare facilities promise to keep the children enrolled in a safe environment.  This goes without saying.  The behavior I witnessed was not safe, nor was it healthy for a room full of infants to be exposed to.  Would collections even accept this case without a court judgement?  I'm wondering if I might have a chance for a judge to hear my side, and maybe avoid collections.  This is bad business.  I am not a consumer trying to avoid paying debt that I owe.  I just do not think it is lawful to force me to pay for their mistake.  Please advise.  Thank you in advance.

Answer
Carrie,

If you have the contract or agreement that you originally signed with the day care check to see if it specifies leaving under favorable terms, most do not, but check to be sure.  If it does not specify how you leave, you would normally have to do whatever the contract states.  Which could be two weeks notice, tuition or anything else stated.  If you signed this contract as agreeing to these terms, you would be bound by them.  

If you have a problem with the services provided, that would not necessarily get your out of the legality of the contract.  If you have a specific claim against them that you feel should let you out of the contract, you would seek the advice of an attorney and take them to court for that issue, with the result you want being that you are not held to the contract. This is also when you would sue them for breach of contract and your attorney can help you with that as well.

Collections and court judgments are two different and separate things. Placing an account for collections with a legal signed contract is what most businesses do when they are not paid.  They only resort to trying to sue for a judgment when they are legally owed the money and can prove it with a signed contract or agreement and the customer refuses to pay.  Most collection agencies do not take debtors to court for a judgment, that is done by the original creditor.

The only way to avoid collections is to pay the bill.  If you want a judge to hear your side of this story you will have to sue and go to court. That would be the only way to get in front of a judge.