Legal Question in Employment Law in Indiana

I was fired from a daycare that I worked at for a year and a half for not properly sanitizing a changing table and leaving a child unattended at a changing table. Upon moving to this room, I begged my boss to reconsider, I told her I did not feel comfortable with that younger age group and that I did not know what I was doing. I also expressed that I needed help and I was afraid of what was going to happen. I was never taught the proper sanitizing procedures for the changing table. Also, I left the child unattended to stop 2 other children from fighting. Those 2 children have fought before and one has received scratches on his face causing very angry parents. At the moment when I saw them clawing at each other again but had a child at the changing table, I was torn on what to do. Either way I would have been at fault because some child would've been injured. It is stated in the employee handbook that if at any moment a teacher must turn their back to the kids, another teacher should be present to supervise them. I was obviously having to turn my back to the children SEVERAL times a day for diaper changing and I NEVER had another teacher in there to help me supervise. If I had, I believe that my termination yesterday would not have happened. Is there any justice to be served?


Asked on 7/11/12, 9:03 am

1 Answer from Attorneys
Voyle A. Glover Attorney at Law

Unfortunately, you are in a state that is "at will," which means an employer can fire an employee at will, and an employee can quit, at will. There are some exceptions, most notable being where a union contract exists. Also, an employer cannot fire an employee for an illegal reason (sex, age, race, disability, etc). You may have a case for unemployment, though. It sounds like you would qualify for unemployment compensation based on what you've said, because if an employer fires an employee for a "bad" reason, then that employee may be entitled to unemployment compensation. They will no doubt contest that, but it would be worthwhile for you to contest that. I don't do unemployment cases, but if you get rejected, call me and I'll be happy to refer you to a lawyer who handles such cases.

Read more
Answered on 7/11/12, 6:35 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in Indiana