We were fortunate to have Ronald McGuckin present a webinar about litigation and how to lower your ECE organization’s risk of being involved in a lawsuit on June 27, 2018. Many of the participants had questions that we were unable to ask the presenter. He was kind enough to answer them and they are posted below. Here is a link to the recording: Litigation?! Strategies to Lower Your ECE Organization’s Risk of Being Involved in Lawsuits There are no slides for this webinar. Handouts: Director's Boot Camp 2018 | Record's Retention | Sample Letter of Appointment | Family Medical Leave Act Summary | Cyberspace Identities | Handout_PROFESSIONALISM IN CHILD CARE | Handout_PROTECTED CLASSES | Handout_AMERICAN DISABILITIES ACT
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Q.1. What happens if the parent of the child who has behavior issues does not have fees issues or it is a very nice person?
A.1. There are specific procedures you must follow. I would suggest that you discuss this with your licensing rep for more information specific to your state. I do have a template. You may contact me at [email protected] and I will send it to you. Thanks, Ron
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Q.2. Does Ronald McGuckin present at child care conferences?
A.2. Yes. I do present at conferences. You may contact my office for more information as to where and when. 215-785-3400. Thanks, Ron
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Q.3. If the probation period of the contract still includes termination without probable cause at any time, are they required to have any documentation for termination?
A.3. Hello. Anytime that you terminate for because you must have documents to prove your position. More importantly, why are you using cause during the Provisional Period as the means to terminate?
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Q.4. Can a company require directors to use their personal phone for staff to call in and to communicate off hours with supervisors?
A.4. Yes, however the staff member receiving the calls is working when they get the calls, therefore they must be paid for their time since they are working unless they are "Exempt". If this activity increases your personal bill you should be able to write off the expense on your 1040 tax return. Consult your tax adviser.
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Q.5. I have a FCC media form and parent form that has a check off for social media. Detailed to children pictures in our room and using the fuzzy over their faces etc. The biggest issue I have found is parents taking pics so I have a no pics unless it’s your child even if they know each other outside of here. Any other suggestions?
A.5. I would have written policies in both the Personnel Policy and Parent Policy Manuals. Otherwise, I think you are doing pretty good. Thanks, Ron
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Q.6. What are your thoughts on employees babysitting clients children?
A.6. NEVER ALLOW IT. You could be held liable. Also, it sends the wrong message. We want to be seen, respected and paid as a professional and then we allow babysitting???
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Q.7. Regarding the staff records retention requirements, do the same timelines apply in the context of an acquisition? In other words, do we need to retain workers' comp info on an employee if the incident occurred before we purchased the center?
A.7. The answer depends upon what you actually purchased. If you purchased the whole company---yes because you are now liable. If you were smart and purchased only the assets--no. You don't own the liabilities. Thanks, Ron
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Q.8. I sign a staff handbook every year. But if there is a change of policy throughout the year that I do not agree to, what can I do?
A.8. If you don't like the policy, your only option is to quit if you are in an "at will" state. Failure to sign the receipt would be insubordination for which you can legally be fired.
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Q.9. I have a teacher who has been talking to a parent about their child's behavior and there was no documentation. Now the parent denies any discussion about their child's behavior. What can I do to help the teacher and/or the parent?
A.9. At best. Have the teacher memorialize the discussions. However, the teacher should be disciplined for acting unprofessionally. Thanks, Ron
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Q.10. The name of the insurance is Employment Practice Coverage covers cost of litigation is that correct?
A.10. Yes. Correct.
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Q.11. How do centers get around the no electronic devises in the classroom (as here in Texas) but use I pads to communicate daily events to parents?
A.11. This is an evolving area and we are closely watching the states and how they handle this. I have no good answer for you because it is not a well thought out position by most licensing agencies. Thanks, Ron
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Q.12. This has to do with dropping a student from a care program . . . Can you explain the difference between safety to others in the room (such as a classroom) and safety to self?
A.12. There is no difference. A safety risk is a safety risk, but you will need to follow the new guidelines in doing so. Talk to your licensing rep about their guidance. Thanks, Ron
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Q.13. I have a public Facebook page for my class, all the parents sign a form allowing all pictures posted (or not) and we never use their names. It's just updated about the class and pictures of what they are doing. That is not good enough anymore since it's public and not a private group?
A.13. It was never good. It should be private with limited admission. Ron
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Q.14. What about kids who need higher level of care (such as 1:1 due to delays) than your program can provide?
Q.14. Your group care program is not required to provide a one on one care giver. However, if the child is assigned one you must allow them to enter your building, etc. subject to your rules and regulations as imposed upon your staff, plus insurance, etc.
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Q.15. Is there a handout regarding the expulsion of children? I am familiar with this, however am concerned about behavioral issues and expulsion if they do not receive social services.
A.15. Contact me directly email is [email protected]
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Q.16. If we are using independent contractors for home visiting, can we define the setting and that we expect them to coach parents without getting into litigation issues?
A.16. Absolutely. Ron
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Q.17. I am also using an independent contractor, what are their legal rights?
A.17. This involves a discussion which would begin with asking if you have a contract in place. Thanks, Ron
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Q.18. Regarding family child care providers (in home) ---I have no employees but will use a substitute (contract labor) a couple times a year; do I need a personnel policy?
A.18. Yes. You should a Policy for Independent Contractors. Usually called a Code of Conduct rather than a Personnel Policy Manual.
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Q.19. If we get to ADA: In regard to ADA, I find it very hard to deny a child/family enrollment when the child has a disability that I feel is beyond my scope of ability or would interfere with my ability to provide proper care for the other enrolled children, how do I approach this? I have cared for children with special needs in the past.
A.19. Regarding the ADA issue--you would need to acquire the skills. I suggest you attend an ADA workshop or one on Inclusion for more information.
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Q.20. Is it ok to not to give employees a hard copy of our employee handbook? We have it available in the office and staff room.
A.20. Employees need to have access to the Policies even when they are at home. Either put it on line or give them a copy. And, I would do workshops on employee handbooks all the time. See my website.
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Q.21. Is a law against employees who quit without a two-week notice?
Q.21. No there is no such law. In an "at will" employment state an employee can quit any time.
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Q.22. Do you recommend Employment Practices coverage for family providers who don't have employees? I work with student teachers but they're not employees.
A.22. No. No need for EP insurance if you don't have employees.
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Q.23. If you don't accept subsidy payments do you still need an Expulsion policy?
A.23. yes, you must have an Expulsion Policy if you are licensed, which I hope you are. Thanks, Ron
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Q.24. what if a parent posts a picture of another person's child on their page? what if a parent or staff member shares a picture of a child on their page?
A.24. Well, you could expel a parent if you have a policy prohibiting this. As for the staff member they should be disciplined or fired. This depends upon your policy. Thanks, Ron
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Q.25. If a staff calls out every Monday, can I give them a week off each time it happens if this is a written policy in the school staff handbook?
A.25. Sure, you can.
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Q.26. What are your thoughts about classes having Shutterfly accounts for access of class parents only?
A.26. Shutterfly is Social Media. Same rules would apply. Thanks for the question. Ron
