Is it lawful to be fired from a daycare for not following through on a policy I was never taught and another hole in classroom supervision guidelines?

I was fired for leaving a child unattended at a changing table and also not following the specific rules of sanitation of the changing table after each change. I was never taught what to do as far as sanitizing the changing table. Also, when I left the child unattended it was to break up a fight between two other children. Their violent behavior has been documented in the daycares files. At that moment when I saw them fighting and I had a child on the changing table, I was torn. Guidelines state that if ever your back must be turned to the kids, another teacher should be there. It was not so.

Asked on July 11, 2012 under Employment Labor Law, Indiana


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country employment is at the will of the employer unless there is a written signed contract to the contrary.

From what you have written, you were in a difficult situation and even though your termination seems wrong, from what you have written your termination does not seem unlawful.

However, to get another opinion, you should consult with an employment attorney face to face and perhaps speak with someone at your local labor department over the circumstances leading to your termination. If you have not made an unemployment claim, you should do so.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.