Legal Question in Employment Law in California
false accusation in the oworkplace
My mother has worked as a pre-school instructor for almost 20 years in the same location. In recent months she has twice been accused of ''poking'' a child unnecessarily by the child herself (who is a know troublemaker), and by a mother who complained that my mother forced her child to sit down in the playground (despite being in the view of other parents and passersby) after being told she could not get her money back after three weeks of active enrollment. Without first investigating the allegations, my mother has been suspended for two days. What are her rights in regards to this matter? What steps should she take to protect herself from potentially being fired? Her co-workers have defended her to her supervisor but nothing else seems available to us.
2 Answers from Attorneys
Re: false accusation in the oworkplace
If this is a public school, she has Educ Code rights. If a private school, unless she has a written contract with the terms of her employment, she is 'at will' and can be fired. Hire counsel to try to 'persuade' the school not to fire her. Contact me if interested.
Re: false accusation in the oworkplace
Your mother should write a detailed explanation of the two events and have it placed in her file. If it's a public school, she has some due process rights to a hearing. Maybe the child should be evaluated for learning disabilities. Good luck.
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