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I am having to terminate the contract of a mindee due to me cutting down the size of my business. My morton michel contract states 4 weeks notice to be given by either party but I'm unsure about charges.
I want to see out the 4 weeks and help place the child in a new setting if needed but what if the parent refuses to pay? Do I have a leg to stand on to demand the notice paid?
Thanks in advance for your help
You are entitled to give 4 weeks notice and work and get paid for the 4 weeks even if the parent finishes earlier, unless you come to an agreement with the parent of less notice.
If the parent refuses to pay you then you can write to them with the full amount owed and advise a payment date for final settlement and advise that if the full payment is not made by x date you will contact your insurance company and they may take it to court . If the parent does not pay contact MM. MM will ask for copies of all paperwork and the final invoice, letters sent to parent.
Speak to MM to confirm if you are unsure. I take that you get the feeling that they will not pay and will withdraw earlier than the 4 weeks
Great answer there from Tulip. :)
I'd just add a couple of points to think about.
Sometimes a client, having received notice, will prefer to leave before the end of the notice period. Some CMs are happy to let them do this and waive the pay for any unused portion of the notice period: IOW get paid for the hours worked, but no payment in lieu once the child leaves. This can help the parent with a smooth transition (which the OP states they aim to do) if they have a replacement carer lined up who needs to start before the notice period is over. It also reduces those 'weeks of awkwardness' when the adults all know they're going through the motions of an arrangement that is just waiting to end, and which can affect the child in some ways. Even the best of relationships can become strained once notice has been served. If this can be cushioned by waived the fee for unused days, so much the better (I for one am never happy during such 'countdown' periods.) It is good if the client can leave happily and not feel the need to bad-mouth the CM to all and sundry although, in the same way as a 1980's Jackie magazine teen-photo-romance , the 'dump-ee' often ends up resenting the 'dump-er' no matter what the genuine reasons for ending the relationship IYSWIM.
But you are in no way obliged to do any of this if you prefer to get the full £entitlement to notice payment, no matter who gave the notice. You are within your rights to insist on full notice payment and pursue the debt through MM if that becomes necessary.
I get the distinct impression the OP is expecting not to be paid for the notice period. At best, there is a "what if?" thought going on and causing concern. It is well worth being aware of this and planing ahead in future. Make sure all your contracts from now on insist on payment in advance, so you never put yourself in the position of working for free. Many CMs additionally require a month's fee as a deposit (and do not let the client eat into the deposit as some sort of 'banked credit' for next month's bill at any time.) This is eventually used to cover the final month's fee so if the client walks away at the point of giving notice, you already have the money to pay for the notice period.
This: "I want to see out the 4 weeks and help place the child in a new setting if needed but what if the parent refuses to pay?" whilst commendable, highlights the dilemma so common among CMs. Collectively we tend to be exceptionally good at considering the best interests of the children of total strangers and absolutely lousy at looking after our own interests. It is really important that we make the 'business' side of our business just as good as the 'caring' side: and don't wait until something goes wrong before we make changes of attitude and practice. :thumbsup:
Thank you so much for your replies:) I always have payment up front, so the money is my account for this month but I just have a feeling she will demand a refund. I've double checked the contract and ready to stand my ground that the contract doesn't terminate until the end of September. Wish me luck as I'll be handing the letter over this evening:panic:
Good luck :thumbsup:
Let us know how it goes :-)
Just out of interest what do you mean by cutting down the size of your business, do you mean less children or do you have assistants?
It went a little too well! It was like the mother was expecting it, which was fine and a big sigh of relief. (The mother had actually given me notice in May -whilst I was on holiday! But then retracted it when she got funding).
But since Monday she's acted a little strange like she's trying to get a reaction from me to then pull her child out immediately. I may just be paranoid but from previous experiences, parents can quickly turn on you unfortunately:(
I'm cutting the business down in size to spend more time with my two children.
Glad its done :)
Quote:
Originally Posted by bunyip
Great advice from everyone but....
I am interested in bunyips knowledge of teen mags of the 1970s and 1980s ....... I thought you were a Beano boy?!
Wibble x
wobbling my way through life....
No, I was definitely a Jackie-girl, having progressed to that stage from 'Twinkle'. :DQuote:
Originally Posted by WibbleWobble
We had a girl in our 6th form who was so thick, she genuinely believed the magazine had an avid follower called "Jackie Reader" with an endless list of personal problems. :laughing: