Can our boss legally do this?
Asked by up_all_night
I work at a child care center that used to be run very well until some bad people took over and fired our director who was doing an outstanding job (the parents, kids and employees all liked her). This day care is owned by a non-profit group, they fired her to cut costs because they are adding a new building on to the existing structure,..in addition they "appointed" a man from the organization to oversee the childcare center and take our director's job. Now this guy has combined our age groups of children into the same room (babies with older kids), which we were not set up for and has asked that all employees go out and provide personal references to continue working there. We have to interview at least 3 people who know us personally and they have to hand-write the answers to the questions we ask of them. He is also asking us to lie and sign a form saying that we have had fire drills and safety instruction so they don't lose their day care license. He said our jobs depend on it When I was hired a year ago I provided references and they also ran a background check on me, but this guy said they misplaced some employee files and that everyone needs to go out and find their personal references that they originally listed on their application and interview them.

Best Answer:
I don't think so! You should go to the CAB.

I would report him to your local health & safety department. And to the Better Business Bureau. Wha ta slimball risking the lives and safety of children. I would contact the parents secretly and let him try to explain himself to them. Good luck!!
Answered by Jenny G

i don't think he can make you get new references and if he fired the director for another reason other then the one you state he can do that i would have to see the paper work too tell you but i don't think and am all most sure he can't make you get new references and i would contact a lawyer and sue him
Answered by chicagotiffanydodge

Please report this man immediately to your local fire authority he is risking your life your fellow employee's lives and more importantly the innocent children's lives. You local fire Marshall has a lot of authority to have this man removed from his position.
Answered by neverlandstar

they can pretty much do all of it, like making you get new referances an stuff but they cann't make you lie on a form you are signing if you do you are just as legally responisble as he is. plus he's black mailing you by saying if you don't your jobs depend on it, he legally CANNOT do that, he can only fire you based on "just cause" which does not include not lying for him. they probaly won't shut your daycare down but more likely look for someone new to run it. DO NOT let him pressure you and your fellow employees to lie for him!!!!
Answered by Nikki

sue that bi*tch. what he's doing is trying to find reasons to cut more "costs" from the budget. Those who do as he says will show to him that they will follow orders without question making their future there absolutely miserable. he can't ask you for more references if you're already hired. if they do, they just want to find a reason to get rid of you and find someone to work for cheaper than you. forcing you to lie about the fire drills and stuff is ILLEGAL and saying that your jobs depend on it is harassment. find a lawyer and sue him. there should be no reason that you should take that crap from anyone let alone him. sounds like whoever owned your company before sold out and now the money makers have moved in to add a buck to the bottom line anyway possible.
Answered by Dooberry

"He is also asking us to lie and sign a form saying that we have had fire drills and safety instruction so they don't lose their day care license." Everything else here could be legal, except this statement. Although the interviewing method is strange (they should have each of you go through a standard teaching background check, and they should pay the cost, although they don't have to.) Most of this is dumb, not illegal. But not following fire procedures is a huge no-no for the school. You are breaking the law by signing the document. I would write notify the head of the non-profit immediately - he is in danger of getting sued really bad, not just by the employees, but also the parents of the children. Whether or not you are "heard" doesn't matter. It just means that YOU won't be sued. You should start looking for a new job immediately. You are working at a place that could lose its license, and that would put you out of a job anyways. It simply isn't worth it.
Answered by seanchasworth

Your local state regulations may tell you what age groups may be mixed together and what the child/daycare provider ratio should be. As far as the rest of what the boss is asking, the only illegal thing I see if the part where he is asking you to sign a document with false statements. If he fires you because you do not want to perjur yourself, you can most definitley sue him. Except for that, he can fire you for just about any reason except for certain protected categories. He can legally terminate you for the color of your hair if he chooses. Your only protection is that if does not fire you "for cause," you may be able to collect unemployment benefits. If he terminates you because you refuse to go out and replace records he lost is not cause. If you do not have a contract or written job description, the only thing you have on him is his demand that you sign that document because "it means your job."
Answered by Vince M

No your boss cannot legally do that. They cannot ask you to provide references after you've already been hired and been working there. If they do, it will be considered wrongful termination on grounds of discrimination. Also, if your prior director had a contract with the organization, then she can sue the corporation for the same. It all might depend on the kind of Non-profit organization you're working for. But making you lie about fire drills and safety instructions is definately illegal. Please notify OSHA and find out venues where you can file complaints and even a lawsuit against the organization if you're interested. Many of these venues can be found online. You can find a lot of information at Findlaw.com
Answered by ritejoker_1

Report that they are asking you to sign a false document regarding fire drills to your state attorney general, provide a copy of this complaint to each of the parents that you can, they should also file a complaint. This is probably fraud and certainly could be considered criminal behavior. Reporting to agencies besides the attorney general of your state will not likely result in legal action. The firing of the director should be handled by the individual who was fired, they may wish to contact an attorney depending upon circumstances. Asking you for new references may or may not be legal, you may wish to contact an attorney at the website listed who specializes in employment or HR law. Sounds like a crumy situation, you might want to start looking for a new job (without letting present employers know about it of course).
Answered by SRI Finance Guy

Contact the Better Business Bureau and find out what you can do. Also get all the employees to sign a petition drawn up by someone who has a little higher position there. Turn it into his superior with a note stating that you will contact your local newspaper with this story, and that you are being requested to lie about safety standards which is illegal and you will take no part of. If you are fired from this job because you did not sign this form, you can sue this company.
Answered by dizzyd

I would research who is above the new director, maybe go up a couple levels, and tell them what's going on. Is it a local, regional or national organization. Go for the top. You'd be surprised how many management types will tell you the organization wants things, and upper management doesn't know about it. Even if the combining rooms thing can't be avoided, faking firedrills, etc is flat out illegal. Talk to the organization that oversees daycare centers in your area. The Department of Health & Human Services may be a place to start, or even the Better Business Bureau, they should be able to guide you to the proper organization. HIS job is the one that is at risk, if faking safety drills and fire drills gets to the right people - You well know that lying about that puts those precious little lives at risk. I wish you all the best. Good daycare providers are hard to find. It would be a shame to have some numbskull management changes ruin a gem.
Answered by kids and cats