Fired from daycare

[realtalk05]

I was fired from a day care after a parent said i struck a child. I wasnt in my room at the time. The room has caneras but was told by supervisor that the cameras were for parents to check on the internet.

The parent of the child that i am accused of striking, said "HE" saw it, but called later in the day and told my supervisor about the incident. (Why wouldn't he say anything right then, hmmmm.......) I also have witness of his constant flirting which never got to the point of complaining. I never accepted or returned his advances. Just took them in stride.

I have nothing negative in any file, or anything. Nor did i strike a child. This is a total surprise. My supervisor said with out any proof that this didnt happen i had to be let go. (This opposite of what the law states.)

 

[cbg]

Well, no, not exactly.

The law does not prohibit them from firing you without proof. It doesn't require them to, but it doesn't say they can't, either. When it involves the safety of a child, they may, and in fact should, err on the side of caution.

It's a shame you were fired for something you didn't do, but the employer did not violate any laws.

 

[realtalk05]

What about the cameras? Can i request to show them to my lawyer? Im sure if a parent feels something is going on, they can request to see them. Im sure that if the parents were in a situation that allows them to watch a online stream of the classrooms, they wouldnt really need day care. I know there has to be a stored video somewhere.

So i have been wrongly fired and there is nothing i can do? So the daycare can basically make up a story to have someone let go. It has to be a system of checks and balances to protect people in my situation.

 

[cbg]

You may have been unfairly fired but you were not wrongfully fired in the legal sense. A wrongful termination exists only when a specific law prohibits the employer from firing you for the reason they did. Firing you for something you didn't do may well be unfair, but it takes more than being unfair for the termination to be considered wrongful.

Unless a specific law states that you cannot be fired for the reason you were, and that is NOT the case here, it is not, legally, a wrongful termination.

They are under no legal obligation to show you any tapes that may exist. You and/or your lawyer may request them but unless a subpoena is issued by a judge, they are company property and they are free to say no.