What would be your next step if you feel you were wrongfully terminated?
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What would be your next step if you feel you were wrongfully terminated?
I work in a child care center. They recently installed cameras. We did not sign a consent for that since they told us its just security. They pulled a video on my room. They said when moving a baby bouncer I picked it up vertically. I did not. I did however only use one hand but the child never fell out or hurt it’s self in any way. I’ve been with them for 7 years with out so much as write-up. How can you go from excellent employee to fired. There are other cases where a teacher pulled the arm of a child out of frustration and the child’s arm was dislocated. All that person got was a write up. There was no bodily harm to the child in any way. They sent me home today and I’m not to come back till noon tomorrow, so I’m not technically fired yet I just need to know what do I do next if they do.
Asked on February 27, 2017 under Employment Labor Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
First of all, so long as you were informed of the presence of cameras, then their use was legal (no matter what you were told regarding their purpose). As for your firing, it too was legal unless it violated the terms of an employment contract or union agreement. Also, it must not have constituted some form of legally actionable discrimination (which you did not indicate). As for being treated than other workers under similar conditions, this is perfectly permissable. The fact is that not all employees need be treated the same or even fairly unless such lesser treatment is due to their race, religion, disability, age (over 40), national origin, etc. (i.e. unless they were discriminated against). Accordingly, as an "at will" worker, your employer could have terminated you for any reason or no reason at all, with or without notice.
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