I'm a preschool teacher, at work I was accused of/punished for something I did not do. Do I have any recourse?

Question

Higher management for the school were informed of the inccident. And canceled my assignment. The inccident-we all smelled smoke in the bathroom. I was questioned; however, I found out that it was their belief that I was the only smoker working there. Two other ladies also smoke-but neither the site supervisor or district supervisor or even upper management has that information. I know it wasn't me, but I was punished. My agency-by whom I am employed told me that they can no longer send me to any of the sites affiliated with this specific company. I can't have this much damage done to my reputation as a professional, dedicated (d**n good) young childhood educator. Please give me your advice. I would have to have half a brain to smoke any near my classroom let alone smoke indoors and in the adult bathroom. Again help-or where can I get help with this?

Answer 1

oh` ..wow .. wat a problem ..well.. tell them..that's you didn't ..or.. do you who may be the one ? ...

Answer 2

Personally, I would appeal to a labor relations board or talk to a labor lawyer and file suit for unlawful dismissal.  The settlement will be retroactive to your last day of work. And look for another agency. Good luck.

Answer 3

Contact the teacher's federation/union in your area even if you are not a member and tell your story - they may be able to take this matter up with the admin.

Answer 4

You should consult an attorney, because it sounds to me like you have grounds to sue them, not necessarily for money, but for correction of your records, and reinstatement of your professional reputation.  If you can't afford a lawyer, find the number for free legal assistance offered by your county.  If that doesn't work, there are always tons of court tv shows.

Answer 5

Your avatar is male and I am assuming you must be as well.  I can tell you that if that is the case, you gender is working against you.  These stats are several years old but they represent a tendency in American public schooling.  Of all elementary teaching positions in a given year, 54% of the applications filed are from fully qualified male teachers.  The percentage of male hirees for the same positions is considerably under twenty percent.  What does that tell you.

Answer 6

I think I'd speak to an attorney

Answer 7

Sounds like wrongful dismissal indeed. You could enlist the services of a lawyer. Some might provide you with a free consultation to start with. If costs are prohibitive, note that courts usually allow people to represent themselves. This would imply that you get acquainted with the way proceedings are handled and prepare the case on your own. An attorney would take care of that for you which may be safer considering that the agency and the school would have their own to defend themselves. Although not being fully aware of laws and regulations in your area, I take it that you might also lodge a complaint at the National Labor Relation Board or a similar institution.

Strong evidence in your favor is the fact that they are 2 other ladies who smoke too and could have visited that bathroom as well, at the alleged time of the incident. At the least, you would have them subpoenaed to testify in court under oath whether they are smokers. At best, you would have a video of them smoking, but not necessarily in the bathroom... if privacy laws are to be taken into account too.

Nonetheless, the proof against you seems weak and circumstantial since there is no direct evidence that you were the one smoking then. Therefore, it would be wrong to have you dismissed based on mere assumptions considering that someone, even a non-smoker, might even have framed you. A disgruntled person :) at the school could have done it. Who knows?

Winning that case should therefore be a piece of cake. It might take long though as court proceedings usually do; and some delaying tactics might be attempted in hopes that you would give it up, but the odds are in your favor.

Answer 8

consult an attorney.

Answer 9

If you weren't caught in the act, this sounds like B.S. to me.  I'd sue your agency and the school for Wrongful Termination.  

http://en.wikipedia.org/wiki/Wrongful_te...

Answer 10

someone dropped dime, and there's nothing you can do, especially if you work for a company that won't back you up.

Answer 11

sounds like hearsay that it was you - i would get a lawyer if you are concerned enough - you want to see their proof that it was you - of course you could cause other problems with other agencies wanting you to work for them - employers can fire people today for many insignificant reasons if they want to and get away with it - this is a no win situation - only that you are sticking up for what you think is right - is it worth it for you????????????

Answer 12

no unions in child care = no protection of worker rights. contact your unemployment comp office for further assistance

Answer 13

Yeah, I agree with the others.  Call an attorney that specializes in education.

Answer 14

Immediately write a letter that you did not do what they have accused you of and point out that two other employees are smokers within that building.  You wish they would have discussed this with you and you believe that they have hurt your reputation.  In addition, you should point out that you never had a chance to defend yourself.  If you have a lawyer friend, it would be great to add their name to this letter as your representation.  You should also indicate what you would like as a result of this letter---job back.  Get some legal advice.

Answer 15

You are saying, a teacher was punished for smoking in the bathroom. That is so precious.

Ask to review the evidence against you. Bring an employment lawyer to the meeting. She does not have to say a word. They will back down.