Is it legal to get fired over somehting a 6 yr old told my boss?
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Is it legal to get fired over somehting a 6 yr old told my boss?
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I recently got a call on Monday not to return to any of the cases I have until I meet with my supervisior and owner. After 4 days of not knowing why I wasnt allowed to return to my job, the clinical director called me and told me the issue, saying it was something my six year old client told my supervisor, which ended up being untruthful. My supervisor is a real pain and is always trying to cause me problem. She for some reason does not like me and has expressed that in so many words. Now my job is on the line. It looks like either the six year old made up a story or my supervisor made up a story to get me in trouble. My question is can I legally get fired due to this and if I do is there anything I can do about it. I've been employed with the same company for 7 years and have never had a problem until this supervisor came along. I just dont think its right to make me wait and loose work. Even though I already told the director what really happened I still have to meet with them. HELP Additional Details It will sound pretty crazy but she told my supervisor I drove her some place. We are not allowed to drive client due to insurance reasons, if we do we can be fired. I didnt drive her, I made her walk, and she was a bit upset about that.
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chatsplas
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Go to the meeting. Be calm and professional. Dress professionally. Explain that you made the child walk and that she was mad because you wouldn't give her a ride, you explained to her that you couldn't because it was against the rules, and apparently she turned this against you. NEVER tell a child it's against the rulees and you could get in trouble doing something--you're feeding them ammo. Many children, even 6 year olds are manipulative, and your employers should be well aware of this.
Are you in a union? Is there an HR department? Get out the Employee Handbook they gave you when you started and READ it. Find out what they can and cannot do to you, what rights you have. Stop trying to shift blame onto your supervisor. Explain it is all a misunderstanding and that you are concerned over how long it has taken for you to be able to explain what happened.
After you get through this, whatever the result, start looking for another position, elsewhere within your company or outside it. Get away from this supervisor.
And ALWAYS remember this when a child makes accusations against parents, foster parents, teachers, etc. Children frequently will manipulate and lie, particularly those in care, those who have been shuffled around, and those who have suffered unfortunate events. |
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Edward
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in america you can be fired for any reason or even without a reason. They can make one up if they want to get rid of you bad enough, or they can dig up some dirt out of your HR file, something stupid you did in the past. Look at your employment contract, it should say you can be terminated for any reason. You don't have a constitutional right to this job. One of the characteristics of freedom and capitalism is that the employer can choose who works for them and the employee can choose where they want to work. |
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Mah10
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I wouldn't think that you could be fired unless the claim/complaint made was investigated and found to be true as far as evidence along with statements made by the 6 year old. I would set up a meeting and let them hear your side and find out if they have any evidence other than the clients statement . Then, take it from there explain what a asset you are to the company and why you shouldn't be fired due to the complaint. Hopefully you have precise documentation regarding the client. |
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Judy
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Not fair maybe to be suspended or fired over something that didn't really happen, but probably not illegal. If you are in the US, most areas are under something called employment at will - under that, you can be fired for any reason or for no reason, as long as it's not due to your membership in a protected class like gender or race. |
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Michael F
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If you are that interested, contact an attorney in your area. If you live in a "Right to work" state, you can be fired for any reason, or no reason at all. Most people are employed "at will." The boss can let you go if they sense a problem between you and a client. This problem will likely be governed by state law, so a local attorney can help you. Not all attorneys offer free consultations, so be sure to check before your go in.
Either way, it is in your best interest to find out. |
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turkissed
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Woah! Well no not legally because if it was that simple i would have got several people fired by now by giving a kid $10 to say something so no you cant.
As for the supervisor if shes not friends with any of the directors then just explain to them that you worked there for 7 years and she for some reason seems to have a problem with you. But give it time don't rush it or complain to much just wait for a reply and when the time is right speak to the manager/director alone.
~Turkissed~ |
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chucksright
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usually they have some higher authority or board that you can appeal to.
whoever is above this supervisor that is giving you the problem.
if you are fired don't take it lightly
raise hell and do whatever you need to make the higher ups know what is going on.
be prepared to get a lawyer and sue for wrongful termination.
http://www.bls.gov/opub/mlr/2001/01/art1full.pdf
go thru the proper channels and don't go off like a loose cannon but be prepared for the worst.
like look for possible job openings |
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squeaker
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i don't know if it's legal or not but if the story your supervisor or this 6-year-old told is untruthful, you will have to fight it to keep your job. So it's up to you if you're willing to fight this situation (which could be be drawn out and painful) or accept what they do. They might just be wanting to meet with you, not fire you. Stick to your guns. And gather people you trust around you, you will need support. Does this supervisor have problems with anyone besides you, and do you have witnesses that have noticed her treat you unfairly? good luck. |
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ca_surveyor
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If you are an at will employee (no contract or union agreement, or civil service job) you can be fired without a reason except for discrimination.
The difference in the way you are discharged affects your unemployment benifits and perhaps contributions to any IRA, But.. you have no vested rights in your job if the boss wants to can you.
So.. if you are fired.. you are fired.. If they say you are fired because of what the child said, then you may have an action against the parents of the child and the company but only if you can prove beyond a doubt that it was a falsehood and that the company did not responsibly investigate the claims.
good luck... but if they fire you without investigation, do you really want to work for a company that believes a 6 year old over an adult.?
/. |
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Jupiter Ceasar Leprechaun II
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sadly most states are employment at will state and they can fire u for whatever reason i was fored without stated reason the person doin the firing was clearly gettin off on it. Double check with an atorney or legal aid its possible that they u can get a wrongful termaintion based on ur having a kid its up to u to prove that |
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Mel
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It may not be legal to fire you over this, but the employer does have an obligation to thoroughly investigate any claims made against you, even by a 6-year-old. What if the child had said that you molested him? The employer has to be able to prove to the parents, state licensing agencies, etc., that you acted in a proper manner.
One way to prevent this going forward might be to keep your supervisor apprised of any problems - as in, "I wanted to let you know that Timmy was really upset when I told him he had to walk to the park with the other kids today." That way you've signalled up front that there might be a problem with Timmy, so the supervisor will know what questions to ask if he starts to complain later on.
The good and bad thing about children as witnesses is that they are usually pretty obvious liars....if Timmy is asked what color your car is, or what music you played on the radio, for example, he might not be able to answer correctly.
Good luck. |
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Bob
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be calm, meet with the directors. Tell them that u worked there for 7 years without a problem, if you can get a credible source from your company to confirm your a good worker. Its not legal if they base the whole firing of u on the 6 year old, but they mite try anyways so be prepared to fite. |
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Black Cat
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I don't know about the laws where you are but here it will depend on your employment status (full time/casual), the contract that you signed etc. If it is gross misconduct than yes they can fire you. Most likely they just need to talk precautions and you will be fine. If you are fired seek legal advice because it may be unlawful/unjust termination. |
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Chris K
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you have a six year old client? as in, age six, not six years they have been your client? where the hell do you work, a child labor camp in China? not that the chinese have those, of course (we all know they do). And not driving her around and making a six year old child walk? so many holes in your account of events...
anyway, depending on your job, it may or may not be unlawful to fire someone for what you describe. its legally called wrongful termination. you can file a class action lawsuit against your employer, or whomever they may be, but that may be more costly than losing your job. you havent been specific enough about what it is that you do. for instance, if you work for something such as Walmart, it would probably be cheaper not to sue. im not going to give you legal advice, thats not my job anymore. my suggestion is to get some character statements from other clients, things that portray you in a professional manner perhaps. if they are going to fire you, and they are a publicly traded company, perhaps you can go to the media and raise a stink, or at least threaten to do so.
the US constitution only protects you against discrimination under race, gender, religous obligation...not against six year olds |
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Dave
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uhhh.....it would help if you said what the 6 yr old had told your supervisor |
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Woman of Curiosity
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Most first time sessions with a lawyer are free. Check a few out after calling to see if you have a case. I wouldn't let yourself get ******* over by a child. They can too easily be coersed into saying things that aren't true. Go for it girl. |
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butterflylucin
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If they fire you, get you a lawyer and sue the sh**t out of them, I believe you would have a good case over something a child said, and you have one thing on your side, why has this company kelp you all these years until now, with this new supervisor is when you started having problems....take you some notes on everything, and don't let her win the battle.
I think also it is a type of harassment if they say don't come in and don't tell you why until four days later... does this supervisor have a boss too? if so go over her head...I would.
ps..it would help if we knew what the six year old said...that is the real deal... |
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Tony Montana
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I don't think that you could be fired by that. Six-year-olds make up stuff all the time. I hope your director will do something. Talk to the lawyer and try to know your rights and laws regarding this. Anything might help you! |
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>DaNieL<
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i dont think you can get fired for that, if it goes any further i would take them to court . if you have worked there for 7 years without a problem , they shouldnt be able to fire you. |
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T
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only if your not in a union. |
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NA
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I wouldnt think so, it depends on what they were told. Im pretty sure you can only get fired based on your performance at work. |
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winfried c
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of course it,s not legal over something a 6 year old child - [[[ if it is your child or not ]]] told your boss .
children have a high fantasy + will adjust to any question you fire at them .-- in there little world everything is the trues .and if you ask them , they will adjust to your question accordingly .
if you let go of your job , because of what a 6 year old child did tell your boss .
then SUE him ,+ you will Winn your case ,.
any smart lawyer will take your case gladly ,. |
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вяαdy
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Take them to court. |
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Mike
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I'd take it to court. That can't be legal. |
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Sailing2008
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Sounds like a douche bag. I'm no lawyer, but it doesn't sound legal to me. I'd talk to a lawyer see what's goin on. |
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Andres C
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sue them...file a lawsuit, that's toatlly illegal, and it has been proven time and time again that children lie and have bad meories (yes even supposedly "rape" or other innapropriate things)
kids have an easy memory to manipulate...so yeah sueee |
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Elke...<3
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i think that it is illegal, and they have no right to keep u from your job. |
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lil
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