I worked at a day care and recently was fired. The reason I was given was due to complaints from a parent and their child leaving the daycare. There was a certain teacher who had said things regarding me many times before and I had brought this to my supervisor. The day these parents removed their kid the same teacher had been talking to them about me. She has accused me of not taking proper care of the children and basically not doing my job. I have never received a single negative review and the director had even talked to me about becoming the assistant director. I am now sitting without a job and the reason for being let go will for sure keep me from getting other jobs with kids. Is there ground for lawsuit against the daycare or the teacher who was talking about me?? Any advice.
2007-05-02 09:15:05 · 3 answers · asked by Jim Joe 2 in Business & Finance ➔ Careers & Employment
Generally, there have to be two (2) elements to slander:
#1 - Someone told an UNTRUTH about you.
#2 - The untruth DAMAGED you in some way.
OK, so you have untruth, that you don't do your job, and you have damage, you lost your job, but you've got the burden of proving both.
Only a lawyer from your jurisdiction can tell you if it's actionable or not but I'm suggesting that you go apply for unemployment compensation. That'll help you document why they fired you and, if you win, it helps show you weren't fired for incompetence/misconduct.
2007-05-04 02:29:06 · answer #1 · answered by Anonymous · 0⤊ 0⤋
First, the accusation is ungrounded. You could ask the person who fired you for a statement of proof or for some sort of written statement filed by this so-called parent.
Regardless, however, it's more important ot relalise that you are fired. Now, the main thing to remember is that your previous employer by law (US Law) CANNOT tell anyone why you were fired. (legally) What they are allowed to say is A) would they hire you again if a job were available and B) were you a good employee. So using them as a reference may not be such a bad thing. (A few people I know have even gone to previous employers and asked for a reference even though they were fired. A written reference usually precludes the prospective employer from calling and asking questions... Another ploy is to have a friend pose as a prospective employer and call your previous job to ask about you. YOu can learn what is said and how easy they are led to say the wrong thing. Again, I recommend the written reference. )
Lastly, remember that you don't HAVE to list this employer if you don't want to. Stating that you worked in a day care may be enough. WHen asked for references, you can easily produce them on y our own.
2007-05-02 09:24:41 · answer #2 · answered by Marvinator 7 · 0⤊ 0⤋
They should have had a formal policy of written and verbal warnings and then fired you unless there was something in your contract that stated a comlaint against you will cause you to be dismissed (which i doubt), check your contract of employment it should state in that what the procedure for dismissal is, if they didnt follow it then yes you have grounds for a lawsuit
2007-05-02 09:26:52 · answer #3 · answered by smitters06 4 · 0⤊ 0⤋