OT I'm so angry I could spit... long post

[GabbyMom]

This is way off topic, but the podcast board is where I post and hang out the most.

The storm last Monday cut the power lines to the daycare center I worked at. On Tuesday my center was closed due to the power. The owner decided to open up again on Wednesday without power. (No emergency lights, no main phone- all phones where portable, no refrigeration for the kids lunches, no fire alarms). My Mother didn't let my DD stay and was going to take her to a different center for the day.

I walk into the center and the teacher I worked with sent the kids to the dark bathroom with older student helpers. (I hadn't walked into the classroom yet.) My toddlers get freaked out by the dark and start running in the halls. I go to round them up and the owner starts yelling at me about how I should know better and how I shouldn't have sent the toddlers to the dark bathroom. When I tried to calmly explain what I was doing, he started yelling about my character and things off topic in front of the staff and students. I told him I had had enough and that I was leaving, to which he replied that if i walked out that door not to come back.

I am now unemployed.

I went to go pick up my last check today and he is holding it because he has to make adjustments to it. One of my toddlers bit another toddler whose parents took them to the emergency room, and apparently are charging the center for the medical bill. My old boss is trying to take a portion of the expense out of my last check.

Can he do that? Shouldn't insurance cover things like that? What do you think? Since he was operating illegally can I claim unemployment?

[tinkbutt]

I am not sure on the biting aspect but I am thinking no he can't take that out of you pay you can't control everything!

But I do know you can only get unemployment if you have been fired! if you quit you get nothing, and I am sure they call the employer to see what happened!!


so sorry that happened to you though some people are so ..... well rude it seems he was yelling to yell maybe the stress of everything just accidentally spilled on to you? but he had no right to use you as a stress ball!!! hang in there it will work out!!

[EastonCat]

Personal attacks are a sign of strong emotion. For whatever reason, your boss has a bug up his rear end about you.

It is best to move on.

I am not an expert on Illinois employment law. In general, being an employee is not like being a tenant in an apartment -- you can't be nickeled and dimed on expense related issues. That being said, fighting anything incurs costs -- emotional, physical, and financial.

Determine what is important to you and fight for it. Waste no effort on anything else. If in fact the center was operating illegally, you might have sufficent leverage to get a good recommendation out of your old boss regardless of his personal feelings. This and a full last paycheck may be the best result you can hope for.

[Suzimom]

I'm so sorry...it's so frustrating when you are caring for little people in your care & things weirdly backfire...I'm sorry. Wish I could help make it better.


Susan

[KittyKitty]

I would contact the Illinois labor board.

In our state, an employer cannot make an employee financially responsible for accidents on the job.

Your labor board can help you get your money back and should not cost you.

[WaltD4Me]

Ummmmmmmm, who leaves their kids at a daycare center that has no power/electricity?

I would most definitely call the labor board. Here in your Ohio employers cannot take money out of your pay for work related accident and anyway, how was the bite your fault?

[Madi100]

I would think that it would not be "code" to have them opened with no power. I've also never heard of it being taken out of a paycheck for injuries.

[jcb]

I don't doubt contacting your state labor board would be helpful. What you are describing - refusing to pay you for time worked - probably violates federal law. I suggest you call the "wage and hour division" in the department of labor. Here is the contact information:

http://www.dol.gov/esa/whd/america2.htm#Illinois

No employer relishes hearing from them.

[GabbyMom]

Thank you to everyone for youe help and support.
I called the wage and hour division of the US Board of Labor. They should call me back tomorrow.

I'm also asking for a copy of the bill i'm paying. If I am paying it I want to know what my money goes for, and where my money went.

[catycatcat4]

that sucks


I think your boss is just a dumb but.

[GabbyMom]

I would think that it would not be "code" to have them opened with no power. I've also never heard of it being taken out of a paycheck for injuries.

It's not "code" I called the village who told me the inspector had just returned from there and they where shut down till the power came back on.

Ummmmmmmm, who leaves their kids at a daycare center that has no power/electricity?

I was amazed at he amount of children in attendance that day. I walked in looked aroung and sent my DD with her Grandmother.

[Tissa]

I've worked in daycare before, you should not have to pay the ER bill. The center should cover that. Toddlers bite, it happens.

[LilGMom]

I'm not an attorney but as a person who like to CYA I'd be keeping a log of names and times whenever you speak to someone. I also don't see how they could have opened without power. A few years back my DS's daycare lost power for three days due to Hurricane Ivan and they weren't open to take in kids. I also don't see how your ex-employer could hold you financially responsible, isn't that what they have insurance for?

Good luck!

[ROIE01581]

You were working in an unsafe environment so you had the right to leave. He fired you for being safe. File a claim tell them why he fired you. You now have a record of them being shut down as proof. They will decide if you are entitled to collect.

If they denied you file an appeal. Make him come to the appeal and provide proof that the work place was unsafe and shut down by the inspectors. You should win hands down. He may offer you your job back, thats up to you if you want to go back.

[Jack's Compass]

I agree with ROIE above. If you let the people at unemployment know that you left because you were in a hostile and unsafe environment they should see that as a justifiable reason to leave and grant you your unemployment.

I personally could not blame you for leaving, if they would open without power then they do not seem like a great place anyways, also if they would go off on you like that for no reason it is best that you got out of there when you did.

[WaltD4Me]

Thank you to everyone for youe help and support.
I called the wage and hour division of the US Board of Labor. They should call me back tomorrow.

I'm also asking for a copy of the bill i'm paying. If I am paying it I want to know what my money goes for, and where my money went.

Why on earth would you pay the ER bill??? That is what insurance is for, assuming he has some. But don't daycare centers have to be insured?
They owe you for whatever hours you worked AND any vacation time if you had any coming.

[GabbyMom]

Why on earth would you pay the ER bill??? That is what insurance is for, assuming he has some. But don't daycare centers have to be insured?
They owe you for whatever hours you worked AND any vacation time if you had any coming.

He's trying to take it out of my last check. If he's going to deduct it I want a record of where the money went incase I have to file a suit later.

[RitaE]

You can absolutely get unemployment in Illinois if you terminate employment yourself for just cause. Working in a hostile or unsafe environment would qualify. Were there witnesses to the confrontation in the hallway?

You are not responsible for the ER bill. Call your Ex-employer and tell him you will be picking up your full paycheck tomorrow morning and if he refuses to release it to you at that time you will be contacting the Illinois Department of Labor and filing a complaint.

[Kaler131]

Also....if he told you not to come back if you walked out, it seems like he really did fire you. I would let unemployment know that too.
Unless YOU bit the kid....(hope not..:lmao: ) then how can they make you pay???? This guy seems like he's trying to cheat you! :sad2:
I agree with the pp who asked who would leave their child at a center without power....that's NUTS!:confused3

Good luck!

[maidenfairy]

I didn't think a daycare could operate if the power was out for an extended amount of time. It's august and the heat is miserable even in IL.

Your employer should have insurance to cover cost of injuries that occurred at the daycare. My son was injured at a daycare and they paid everything. Sounds like your employer is somewhat shady. Sorry this happened to you, but maybe it is for the best. Good luck getting your paycheck and finding a new better job.

[IWISHFORDISNEY]

he can not take the money out of your check. The daycare owner is responsible/liable for what happens in their facility. It is against the law.

[Vijoge]

If he does indeed give you a check that is written for less than you are owed I would check with an attorney before cashing it. I don't know if this could be construed as accepting this amount as being the total amount owed or not. I'm not saying it's a problem-just check it out first.

Your boss sounds like the type of person you probably don't want to work for anyway. This whole thing :hug: may be a blessing.

[lttlmc3]

How is the toddler biting another toddler your fault? It's a daycare! It happens a lot!

[dawgsgirl]

You could also call whatever authority in your state polices daycare centers and report him for putting children in danger. Opening the center with no electricty would probably fall into that category. He at least would be investigated.

[Alicnwondrln]

You can absolutely get unemployment in Illinois if you terminate employment yourself for just cause. Working in a hostile or unsafe environment would qualify. Were there witnesses to the confrontation in the hallway?

You are not responsible for the ER bill. Call your Ex-employer and tell him you will be picking up your full paycheck tomorrow morning and if he refuses to release it to you at that time you will be contacting the Illinois Department of Labor and filing a complaint.

I agree with this and would get down to the unemployment office asap.

[lorax123]

oh wow. This is interesting. I do hope the OP luck! Hopefully she'll be able to be UE benifets. This guy sounds like an unprofessional louse. You are better off somewhere else!b

[danv3]

First, he can't legally make that type of deduction from your paycheck without your written consent.

Second, he has to pay you your final wages plus accrued but unused vacation by the next regularly scheduled payday. If he does not pay in full on that day, you have a claim and should contact the Illinois DOL and talk to an Illinois lawyer. Sometimes the statutes of limitations for these kind of things can be short and contacting the DOL may or may not stop the running of the limitations period.

Third, go ahead and file for unemployment. Normally, quitting would preclude you from getting benefits, but this situation could be an exception. In any event the unemployment system is very employee friendly, so you've got a decent shot.

Good luck!

[Mickeyorbust]

Hi, I usually hang out on the budget boards and was just lurking here tonight. Unless you signed something agreeing to have the deduction taken from your check, other then required taxes and court ordered wage garnishments, he can not deduct his loss from your check. If he does deduct it, please contact your local Department of Labor office, here's the link
http://www.dol.gov/esa/whd/america2.htm#Illinois
Sorry you're unemployed, but it sounds like he's not someone good to work for anyway.

[Mickeyorbust]

You can absolutely get unemployment in Illinois if you terminate employment yourself for just cause. Working in a hostile or unsafe environment would qualify. Were there witnesses to the confrontation in the hallway?

You are not responsible for the ER bill. Call your Ex-employer and tell him you will be picking up your full paycheck tomorrow morning and if he refuses to release it to you at that time you will be contacting the Illinois Department of Labor and filing a complaint.

One more thing...he must have your check ready by the regularly scheduled paydate. For example, If everyone's paid every Friday...then you're final check has to be ready by or on Friday. He can't "hold it." So, I agree with the PP's suggestion to call to see if it's ready then call DOL if it's not, it's a good idea.

[jamieT]

Do not back down and DO NOT SIGN ANYTHING SAYING YOU WILL PAY IT!!!
I agree with the posts saying if you walked out for unsafe ...unlawful conditions then you have every legal right to collect unemployment.

Please keep us updated. I will be very interested to se how this turns out.

I am appalled that people would feel they so desperatly have to go to work that they would put there children in harms way. I mean how were they fridgerating milk, what about fire alarms and phones, and what about alarms tht keep bad people from coming in and talking kids from a dark center. I mean I am sure there are plenty of windows, so it's not like they were in a tomb or anything, but seriously?? :confused3