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My daughter was just "let go" from her job in childcare due…

My daughter was just...

My daughter was just "let go" from her job in childcare due to an incident where a child who had been very disruptive and would not listen to her was put in a chair and she held him there because she could not get any assistance from the managers. This day they had assigned five known disruptive children to her class but no assistant. She had repeated called management but they did not pick up the phone previously and complained about the situation. The parents complained that she slammed the children into the chairs because it wasn't clear on the video and looked like it could have happened. However the children did not yell or complain or exhibit any marks from the incident. The parents viewed the incident via live cameras in the room.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Kansas

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She just received a raise and was considered an excellent employee unti this incident.

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Customer reply replied 5 months ago
Do I have the right to review the videos and child past history there or the phone records ?
Answered in 10 minutes by:
9/21/2017
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,650
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

As a parent, no you wouldn't have any rights in employment law to view the videos or phone records. I'm a parent too, so I understand your desire to assist, but we don't have rights like a legal representative or attorney based on our parental relationship.

Your daughter doesn't have any right to view the videos either, at least not at this point.

An employer can terminate an employee, in employment law, and there doesn't have to be a level of proof that would meet any particular standard. This isn't like a criminal law case, where you have to meet proof beyond a reasonable doubt, or even a civil law burden of proof.

In employment law, unless you have an employment contract that specifically states you can only be terminated for cause (less than 1% of employees do), your employment is "at will." At will employment can legally be terminated with or without cause, at any time. The employer doesn't need a reason and, if a reason is given, the reason doesn't have to be accurate. Because of this, your daughter has no express right to proof that her employment should be terminated.

Now, if she has some reason to believe that the real reason for her termination is her race, religion, gender, age (over 40) or disability, then she can make a complaint to the EEOC in your state. That investigation would then create the ability to request seeing the footage/evidence supporting the termination.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Ask Your Own Employment Law Question
Customer reply replied 5 months ago
5 star

Thank you. If you have having trouble rating with the system on your side, please let me know and I'll report the problem to customer service.

There should be a system where you actually select a rating.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,650
Experience: Employment/Labor Law Litigation
Verified
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Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,650
19,650 Satisfied Customers
Experience: Employment/Labor Law Litigation

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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