Need legal information, labor related

[Guest coldblackwind]

Ok, my girl got fired today. She worked at a daycare, and one of the other employees (somewhat like an assistant manager from how she describes her) told her boss that she smacked a child on the arm. This did NOT happen! However, it was the other girls word against hers, so she got fired. Now I know Tennessee is a right to work state, so there's no recourse with her employer to get her job back, and quite frankly, she doesn't want it back at this point anyways. What I am trying to figure out is a couple things. 1. What does her boss owe her? I know she owes her for the time she's worked since her last paycheck, but she also had some vacation time built up, does she owe her that, because she earned it, or is it classified as some sort of benefit she doesn't have to pay? 2. There are cameras in the room, so provided the employer had it on, she can prove she did not do this, is there any recourse in the form of a slander lawsuit, or something of the like against the woman who falsely got her fired?

[Guest 3pugguy]

Ok, my girl got fired today. She worked at a daycare, and one of the other employees (somewhat like an assistant manager from how she describes her) told her boss that she smacked a child on the arm. This did NOT happen! However, it was the other girls word against hers, so she got fired. Now I know Tennessee is a right to work state, so there's no recourse with her employer to get her job back, and quite frankly, she doesn't want it back at this point anyways. What I am trying to figure out is a couple things. 1. What does her boss owe her? I know she owes her for the time she's worked since her last paycheck, but she also had some vacation time built up, does she owe her that, because she earned it, or is it classified as some sort of benefit she doesn't have to pay? 2. There are cameras in the room, so provided the employer had it on, she can prove she did not do this, is there any recourse in the form of a slander lawsuit, or something of the like against the woman who falsely got her fired?

Get a lawyer, but from an HR view (I am not a lawyer), yes, she is owed wages for time worked and on the vacation, it depends on the policy of the company. For example, if I quit my job without at least a two week notice, I forfeit any accured vacation time. Please, though, don't go with advice given by what we can exchange on a chat board - this is too important.

Do have your girl contact the state labor board and get the official answers/advice and also, file for unemployment; if the case exists she was wrongly fired or she can make as strong enough case, she could still be eligible, even though "fired".

Don't give in, don't give up. However, please don't spend a pile of money on a lawyer, i.e. look for a legal aid or get some advice from a lawyer who does a free consult and if they decided there would be something actionable, they take the case on a strictly contingency based status (no win, no money exchanged or owed by your girl).

And this sounds obvious - but if anyone wants your girl to sign anything, make sure it is FULLY READ and understood; if not, seek legal advice first. Saying after the fact, oh, I didn't know what I was signing won't feed the bulldog.

Good luck to you both - this is a tough situation and I feel for you and your girl.

[Guest clsutton21]

If you can get the video...file her for unemployment as well. Proves she lost her job through no fault of her own.

[Guest mikedwood]

I repair computers and enjoy shooting and fishing. I'm no lawyer.

Yeah on the unemployment file for that.

Talk to a lawyer. Maybe two. like 3pugguy said though don't spend a ton on a lawyer. May take a lawyer to get the tapes though.

And certainly tell her not to sign anything and I'll add EVER without reading it and if the contract deal says one thing and someone ever tells you something different to make it sound better. Guess what. The SIGNED CONTRACT STANDS. Word are USELESS.

[strickj]

Just let it go man!

If she doesn't get her last check,then take the appropriate steps,but a law suit over that?

Even if you did go the suing route,it would still be her word over their word!

[Guest abailey362]

how long was she at the job? I know our vacation doesn't technically belong to us until after each anniversary date, but depends on how the company handles it. Is this a single location business or a larger corp that would have a head office of somesort?

Also if the accuser is an authority figure she probably has access to this video and it could disappear. also many places re-write on storage space after a few days...so act now if you are going to do anything

[Guest gopher]

I'm not an attorney, and the following should not be construed as legal advice. You are therefore, advised to seek professional counsel on all matters concerning the above issue.

Actually, I'm an HR professional. If my wife were in that situation, I would contact a good attorney to get their opinion. When I say a good one, not one of the ones you see advertising on TV.

If she wants to defend her name (and would like to be employed with another daycare center), she will want to act fast to obtain any copies of video as evidence that it didn't occur. If another daycare contacts her former employer for a reference, they could disclose the reason for termination. Given the type of business, it could haunt her on future employment. Also, the former employer could actually get sued by a future employer for negligence if they didn't disclose the reason during a background check and they somehow found out later. Even if the reason was stated as violation of company policy, and then the person doing the background check probed even more or produced some kind of waiver she signed aleviating them of liability for disclosing employment records, a verbal or written statement as simple as "...accused of harm to a child, results of investigation were inconclusive, but to error on the side of caution employee was terminated..." could be very damaging to a career.

Thus, it is in her best interest to do whatever she can to get everything cleared up and off of her employment record. In other words, get an attorney quick to file something with the county court to prevent the facility from taping over or destroying any video footage from the day of the incident that could set the record straight.

In regard to what she is owed, they have to pay her for any hours worked until the day/time she was terminated. They also would owe her for any unused vacation time. Termination is usually completely different from any policy a company may have in relation to required notice and paying out vacation time. Also, depending on their policy, any vacation time she has been accruing for use in 2010 as a result of her employment during 2009 may or may not be owed.

One other thought for you and your girl to ponder...

I'm sure the daycare would have to thoroughly investigate and document that type of incident, and possibly report it to the State or have it available for inspection. Along those lines, I would venture to guess a thorough investigation would include questioning the child who was allegedly "smacked" to determine the truthfullness of the accusation.

I hope the above is of help to you. As previously stated, seek the advice of a good attorney. Good luck!

[Guest clsutton21]

I'm not an attorney, and the following should not be construed as legal advice. You are therefore, advised to seek professional counsel on all matters concerning the above issue.

Actually, I'm an HR professional. If my wife were in that situation, I would contact a good attorney to get their opinion. When I say a good one, not one of the ones you see advertising on TV.

Hey now! Bart Durham is the man. How many attorneys do you know with their own soap opera? Exactly! Soap opera=case winning

[Mike.357]

I agree with Strickj. Let it go.

All she is owed is wages she has earned.

Day care jobs are a dime a dozen, not exactly at the top of the food chain of employment anyway.

[MikeW]

If it were me I would call and set an appointment with the EEOC before I went to an Atty.

[Guest coldblackwind]

Hmm, all sounds like solid advice. If it was me, I would definitely try to at least clear my name, so it didn't come back to haunt me later, but as near as I can tell, she has decided not to fight it. I'm against her decision, because I know her boss, and she will do everything she can to pass the word, and make her life miserable, even though she didn't really do anything to her boss, and she wasn't even the one who accused her, but hey, its not my decision. Thanks for the help though guys, I'll run it by her.