If my child was being mistreated at daycare which I worked a and I got fired for saying something to the teacher, can I sue?

Asked on August 16, 2012 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It depends on what you mean by "mistreated": if it was criminal mistreatment, for example (criminal abuse or neglect), then you most likely could not be fired, because firing you in that situation would be retaliation for bringing forward a complaint about a criminal law violation, which is normally illegal.

But if it was that other children, staff, etc. were not being "fair" to your child or were even being "mean" to him/her, then they could fire you for complaining. There is no law requiring fairness or preventing staff or other children from being mean; therefore, there is no protection for bringing forward a complaint about such treatment, and you could be terminated.

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